IP Watchdog

FEBRUARY 21, 2022

Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. Bertini also filed a motion in October of last year with the U.S.

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The IPKat

MARCH 27, 2022

A good time for The IPKat to report on some of the posts compiled this week on the surrounding IP blogs. Court of Appeals for the Federal Circuit held that the Trademark Trial and Appeal Board (TTAB) of the USPTO correctly refused to register the mark ".SUCKS Background and outcome are reported by Marks IP.

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IP Watchdog

APRIL 4, 2023

The owner of the trademark for APPLE JAZZ has won his appeal from the Trademark Trial and Appeal Board (TTAB), which dismissed his opposition to Apple, Inc.’s Apple filed Trademark Application No. Unaware that he did not have a federal registration, Bertini filed an opposition against Apple, Inc.’s

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Trademark Music Registration Government 75

IP Watchdog

JANUARY 17, 2022

Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. On January 11, the U.S. Applicant U.S. Software Inc.

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IP Watchdog

NOVEMBER 24, 2023

Court of Appeals for the Federal Circuit (CAFC) on Wednesday vacated and remanded a Trademark Trial and Appeal Board (TTAB) decision that had sustained an opposition to the mark GET ORDAINED, holding that the TTAB had failed to “furnish a reasoned explanation for departing from its established practice of deeming unargued claims waived.”

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IP Watchdog

NOVEMBER 2, 2021

Court of Appeals for the Federal Circuit (CAFC) accusing the United States Patent and Trademark Office (USPTO) and its management of facilitating the appearance of bias at the Trademark Trial and Appeal Board (TTAB) in favor of Apple, Inc., Apple has now filed its opposition to that motion.

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IP Watchdog

OCTOBER 28, 2021

On October 27, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Trademark Trial and Appeal Board’s (TTAB) cancellation of Brooklyn Brew Shop, LLC’s (BBS) standard character mark and dismissed in part, affirmed in part and remanded the TTAB’s decision regarding the opposition of BBS’s mark.

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IP Watchdog

JUNE 1, 2022

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential trademark decision upholding a Trademark Trial and Appeal Board (TTAB) ruling that sustained two oppositions filed by Barclays Capital Inc. against Tiger Lily Ventures’ applications for registration of the standard character mark “LEHMAN BROTHERS.”

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LexBlog IP

MARCH 21, 2023

In a precedential decision, The Trademark Trial and Appeal Board (“TTAB”) refused to reconsider its decision sustaining an opposition to registration of the mark “LOVETTE” on the basis of likelihood of confusion with the mark “NNENNA LOVETTE.” Appleton , 2023 TTAB LEXIS 64 (TTAB Mar.

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IP Watchdog

OCTOBER 18, 2021

Court of Appeals for the Federal Circuit (CAFC) requests that the appellant, Charles Bertini, be allowed to present evidence not of record in order to demonstrate that bias at the Trademark Trial and Appeal Board (TTAB) may have had a negative impact on his case. He began using the mark well before that, in 1985.

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LexBlog IP

AUGUST 21, 2023

Coulter Ventures, LLC , Oppositions Nos. 91233515 (parent), 91233516, 91233517, 91242202, and 91252191 (August 7, 2023) , the Trademark Trial and Appeal Board (“TTAB”) shed light on the procedural intricacies of expert reports. Accordingly, the TTAB noted, “a sur-sur-rebuttal should never be necessary.”

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LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications. commerce.

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LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. For a quick recap of the most important takeaways, keep reading: In Jack Daniel’s Properties, Inc.

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LexBlog IP

AUGUST 11, 2021

Third-parties routinely seek extensions of time to file a Notice of Opposition against pending trademark applications. The time to oppose a trademark application is 30 days from the date of publication. Unilever Global IP. Smashburger IP Holder. POTENTIAL OPPOSER. DS Double Sisters LP. SERIOUSLY SIMPLE. Luxco, Inc.

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LexBlog IP

SEPTEMBER 13, 2022

The TTAB found that the proposed mark falsely suggested a connection with the famous musician Prince. The motion for summary judgment was filed by Paisley Park Enterprises, a company owned by Prince’s estate, and NPG Records, LLP, which claimed to have trademark rights in the term PURPLE RAIN (collectively, “Opposers”).

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Trademark Intellectual Property Music Registration 52

LexBlog IP

DECEMBER 30, 2022

.” The song has gained so much popularity since its release in 1994, that Carey sought to take it one step further by filing a petition with the Trial Trademark and Appeal Board (TTAB) to trademark the title “Queen of Christmas.”

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LexBlog IP

NOVEMBER 3, 2023

On September 29, 2023, the Trademark Trial and Appeal Board (“TTAB” or the “Board”) issued its 28 th precedential decision of the year, this time focusing on appropriate discovery submissions and procedure. 91268816 (TTAB 2023). RLP Ventures, LLC v. Panini America, Inc. ,

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LexBlog IP

APRIL 5, 2023

This week, the United States Patent and Trademark Office (USPTO) introduced a new pilot program for holding Final Pretrial Conferences (FPC) in certain inter partes disputes (i.e., oppositions and cancellations) before the Trademark Trial and Appeal Board (TTAB). § 2.120(a), but has had no equivalent to the FPC.

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LexBlog IP

OCTOBER 27, 2021

Trademark Opposition strategies. trademark opposition proceedings need not be expensive or protracted. This is one of the surprising conclusions for global trademark owners who seek to protect their rights in the United States. United States trademark oppositions are primarily heard before the U.S.

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LexBlog IP

JULY 26, 2021

trademark opposition proceedings can be done within budget. TTAB proceedings have a reputation for being extremely costly and time consuming. Depending on your goals, it is possible to favorably resolve a TTAB contested proceeding in a relatively short amount of time and within a reasonable budget. Jurisdiction.

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Erik K Pelton

MAY 28, 2024

The following are the comments our firm submitted today regarding the USPTO’s proposed trademark fee changes and increases: Docket No.: Pelton & Associates, PLLC Regarding “Setting and Adjusting Trademark Fees During Fiscal Year 2025” The following are the comments of Erik M. trademark registrations.

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LexBlog IP

DECEMBER 9, 2021

A step-by-step guide to the trademark Registration process and timelines. Jump to: Trademark Timeline Overview. Q: What happens once I file a trademark application? Trademark Intake Form. Trademark Search. Trademark Application Preparation. Third-party Opposition. trademark TIMELINE OVERVIEW.

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LexBlog IP

AUGUST 2, 2022

The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding. This is an interesting sports trademark case. The notice of opposition grounds included a likelihood of confusion, false suggestion of a connection, and dilution. UT relied on its Reg.

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LexBlog IP

JANUARY 4, 2023

. (“Mystery Ranch” or “Opposer”) opposed registration of the DANA DESIGN mark based on an alleged false suggestion of a connection with Mystery Ranch and Dana Gleason, Mystery Ranch’s co-owner, under Section 2(a) of the Trademark Act, 15 U.S.C. § 91250565, 2022 USPQ2d 1151 (TTAB Nov. 30, 2022). .”

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LexBlog IP

OCTOBER 11, 2021

IPNews® – On October 7th, 2021, over 37 years after the release of the film Gremlins — and just weeks before Halloween — alleged misuse of the monster’s name has resulted in a trademark dispute before the Trademark Trial and Appeal Board (TTAB). In a trademark opposition, Warner Bros.

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LexBlog IP

SEPTEMBER 16, 2021

In a recent precedential decision, the Trademark Trial and Appeal Board (“TTAB”) cautioned practitioners to be careful what they ask for and to draft their filings accordingly. Based on the unambiguous language of the Stipulation, the TTAB issued an Order deeming the subject application abandoned in its entirety.

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LexBlog IP

JULY 26, 2021

In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of service of such discovery requests, regardless of the geographic location of the serving party.

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LexBlog IP

OCTOBER 21, 2022

JHO Intellectual Property Holdings LLC , 2022 USPQ2d 770 (TTAB 2022) ( link ), the Trademark Trial & Appeal Board (the Board) granted the Prince Estate’s [i] motion for partial summary judgment against a third-party application for PURPLE RAIN. 1052(a). . Section 2(a): False Suggestion of a Connection.

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LexBlog IP

FEBRUARY 9, 2022

Both oppositions were sustained on Spotify’s dilution by blurring claim, with the TTAB not reaching Spotify’s likelihood of confusion or dilution by tarnishment claims. 2022 USPQ2D 37 (TTAB 2022). Basis of opposition. 114 USPQ2d 1497, 1502 (TTAB 2015) (quoting Coach Servs. Spotify AB v. Software Inc.,

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LexBlog IP

JULY 26, 2022

A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods. The trademark cancellation proceeding was filed and decided before the U.S. Trademark Trial and Appeal Board. The case, Hangzhou Zhaohu Technology Co.,

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LexBlog IP

DECEMBER 20, 2022

When considering a likelihood of confusion, one might naturally think a mark is registrable that is an antonym (opposite) of a registered mark. 90706411 (TTAB Dec. This was not the result in In re Sugar Free Specialties, LLC , Serial No. 7, 2022) (not precedential). The applicant appealed and suffered a big, not small, loss.

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LexBlog IP

APRIL 13, 2023

To provide some background, in 2015, Apple launched a streaming service and filed for federal trademark protection of its APPLE MUSIC mark in connection with “production and distribution of sound recordings and arranging, organizing, conducting, and presenting live musical performances.” Bertini appealed.

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LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co. Shenzhen IVPS Tech. Fancy Pants Prods.,

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LexBlog IP

SEPTEMBER 21, 2021

” [2] To resolve this constitutional defect in the IPR process, the Arthrex decision instructed that the director of the United States Patent and Trademark Office (USPTO) “may review final [Patent Trial and Appeal Board, or PTAB] decisions and, upon review, may issue decisions himself on behalf of the Board.” Arthrex, Inc.

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LexBlog IP

APRIL 17, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the limitations of tacking and its application in establishing priority in trademark disputes. The dispute centered on Bertini’s opposition to Apple Inc.’s The reverse is not true.”

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LexBlog IP

FEBRUARY 12, 2022

law is a certification mark and protection is achieved via registration similar to a trademark. obligations under international trade agreements like TRIPS (the agreement on trade-related international property required for entry into the World Trade Organization.). Under the Trademark Act (15 U.S.C.§ odds, namely U.S.

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LexBlog IP

JANUARY 26, 2023

On January 23, 2023, the Trademark Trial and Appeal Board (the “Board”) issued a harsh reminder to parties of the potential adverse consequences of ignoring their discovery obligations and failing to comply with Board discovery orders. Pickin’ Cotton Commn’s, LLC , Opposition No. 91267259 (TTAB Jan.

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