IP Watchdog

JULY 6, 2023

Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s June request that the court rehear a decision that effectively canceled the tech company’s application to register the trademark APPLE MUSIC. s application to register the mark APPLE MUSIC. s application to register the mark APPLE MUSIC.

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Music Trademark Registration Litigation 110

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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Music Registration Trademark Litigation 126

Patent Trademark Blog

JULY 5, 2022

What is a Notice of Opposition to your trademark application? When your trademark application is approved by the USPTO, it will be published for opposition. The opposition notice sets forth their grounds for blocking the registration of your mark. Read the Notice of Opposition. Aim for An Early Settlement.

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Trademark Settlement Registration Blogging 52

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 74

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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Trademark Litigation Intellectual Property IP 52

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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Trademark Designs Design Patent 127

LexBlog IP

MAY 16, 2023

An opposition that has been making its way through the Trademark Trial and Appeal Board (“TTAB”) for several years appears to have finally reached its not-so-fairytale ending. In 2018, a TTAB panel dismissed UTH’s motion to dismiss Curtin’s opposition for lack of standing.

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Public Domain Intellectual Property Trademark Registration 52

Patent Trademark Blog

FEBRUARY 8, 2022

What factors matter in choosing a trademark opposition attorney? So it appeared that your trademark application was approved and on track to a registration until it got derailed. A third party has filed an opposition with the TTAB to block the registration of your mark. Should you hire a trademark filing service?

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Trademark Settlement Registration Registering Trademarks 52

Patent Trademark Blog

FEBRUARY 1, 2023

Do you even need a trademark lawyer? Nowadays, there are so many options for filing a trademark application with the USPTO. Just like anything else on YouTube, you can even find do-it-yourself videos on filing trademark applications. With all this free advice readily avaiable, why do you even need to choose a trademark attorney?

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Trademark Due Diligence Blogging Settlement 98

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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Trademark Law Patent Music 114

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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Trademark Advertising Advertising Litigation 118

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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Registration Trademark Litigation Intellectual Property 77

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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Blogging IP Reporting Journalism 76

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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Registration Trademark Intellectual Property 52

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. misuse of their trademarks when drafting license or distribution agreements with non-U.S. Rothschild is appealing.

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Trademark Registration Branding Brands 52

Patent Trademark Blog

OCTOBER 18, 2021

What is the difference between a suspension and an extension of trademark opposition deadlines? Each trademark opposition will have deadlines set by the TTAB. The parties may still be actively pursuing the trademark opposition even with a pending motion to extend.

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Trademark Settlement Blogging IP 40

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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Trademark Reporting Litigation Intellectual Property 52

CoCal IP Law Institute

AUGUST 11, 2023

Please join us Monday, August 14, 2023 where we will discuss Trademark Marking Notice and TTAB Issues. Specific issues will include: What are the requirements of Trademark Marking Notice and how do they affect damages in a lawsuit? In TTAB cancellation or Opposition Proceedings, what topics are permitted in Reply Briefs? [.]

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Trademark Law 40

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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Music Registration Trademark Government 71

Patent Trademark Blog

FEBRUARY 10, 2022

What can you do if your trademark application is opposed? It can be a bit disheartening to receive an opposition to your trademark application, especially after the USPTO had preliminarily approved your mark. You now need to make some tough decisions on whether or not to defend the trademark opposition.

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Registration Trademark Settlement Blogging 52

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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Confidentiality Registration Trademark Intellectual Property 52

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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Branding Brands Branding Trademark 52

The TTABlog

JULY 2, 2021

Section 2(a) - False Suggestion of a Connection: Gilead Science Loses Opposition to GILEAD CAPITAL: No Section 2(d) Likelihood of Confusion and No 2(a) False Connection Section 2(d) - Likelihood of Confusion: TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine? You may also follow the TTABlog on Twitter: @TTABlog. Apple, Inc.

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Registration Designs Design Trademark 52

The TTABlog

SEPTEMBER 30, 2021

Section 2(a) - False Suggestion of a Connection: TTAB Denies Fraud Claim But Grants Petition to Cancel SEYIDOGLU Registration on Section 2(a) False Connection Ground Section 2(d) - Likelihood of Confusion: TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed? You may also follow the TTABlog on Twitter: @TTABlog.

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Registration Designs Design Trademark 57

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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Trademark Trademark Requests Music Branding 52

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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Settlement Government Trademark Litigation 52

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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Trademark Settlement Registration Government 52

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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Trademark Settlement Registration Litigation 52

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.

Trademark 52

Trademark Designs Design Registration 52

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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Registration Designs Design Trademark 52

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

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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Trademark Registration Intellectual Property 52

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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Trademark Settlement Registration Intellectual Property 40

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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Trademark Registration Intellectual Property Intellectual Property Law 52

Patent Trademark Blog

DECEMBER 13, 2021

What can cause the USPTO to issue trademark sanctions? Imagine investing the time and expense of filing a US trademark application only to have it terminated by the USPTO. The unauthorized practice of law in filing US trademark applications can lead to such sanctions by the USPTO. What is the unauthorized practice of law?

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Trademark Registering Trademarks Licensing Registration 40

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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Trademark Registration Intellectual Property Registering Trademarks 52

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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Government Trademark Intellectual Property 52