The TTABlog

FEBRUARY 22, 2022

Universal Life Church Monestary Storehouse , Opposition No. 96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , 129 USPQ2d 1148, 1149-50 (TTAB 2019)." Applicant's use of the "TM" symbol does not transform the phrase into a trademark. In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013).

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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. North American Marketing, Inc. POTENTIAL OPPOSER. DS Double Sisters LP. SERIOUSLY SIMPLE. Unilever Global IP.

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Branding Brands Branding Trademark 52

Above the Fold

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.” Chan’s opposition was based on the fact that she had already been dubbed as the “Queen of Christmas.”

Trademark 40

Trademark Trademark Requests Branding Brands 40

The TTABlog

FEBRUARY 2, 2022

The United States District Court for the District of Oregon reversed the Board's decision dismissing an opposition to registration of the mark M ANIMAL for a wide variety of clothing, including "children’s clothing." [ TTABlogged here ]. The TTAB had made that same finding in a different case involving that mark]. 3:20-cv-00623-IM (D.

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Registration Advertising Advertising Branding 40

The TTABlog

APRIL 6, 2022

This consolidated opposition proceeding featured two companies battling over rights to the same marks for Albanian brandy. 2022 USPQ2d 292 (TTAB 2022) [precedential] (Opinion by Judge Marc A. 124 USPQ2d 1028, 1033-34 (TTAB 2017). 1 USPQ2d 1139, 1142 (TTAB 1986). 2021 USPQ2d 831, at *18 (TTAB 2021). ADOL Sh.p.k.

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Ownership Registration Trademark Contracts 52

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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Television Music Advertising Advertising 40

The TTABlog

DECEMBER 4, 2023

Consolidated Oppositions Nos. entitlement to bring an opposition and/or cancellation proceeding] in the absence of supporting facts." entitlement to bring an opposition and/or cancellation proceeding] in the absence of supporting facts." 175 USPQ 734 (TTAB 1972) ("'REAC' and 'REACH' are literally words apart from each other.

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Registration Technology Trademark Blogging 73

The TTABlog

APRIL 17, 2023

Chizena went down swinging in this consolidated opposition to his applications to register the word marks ALL RISE and HERE COMES THE JUDGE and the design mark shown below, for "clothing, namely, t-shirts, shirts, shorts, pants, sweatshirts, sweatpants, jackets, jerseys, athletic uniforms, and caps." Chizena , Oppositions Nos.

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Trademark Designs Design Licensing 95

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.,

Trademark 52

Trademark Registration Law Marketing 52

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. KME Germany GmbH v. Zhejiang Hailiang Co.,

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Marketing Marketing Ownership Registration 70

The TTABlog

AUGUST 30, 2023

Opposition No. If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." That both parties market and sell their products through the Internet is unpersuasive. Monster Energy Company v. SS Vape Brands, Inc.

Designs 57

Designs Design Branding Brands 57

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

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Designs Design Registration Trademark 48

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(d); (2) dilution by blurring under Trademark Act Section 43(c), 15 U.S.C.

Intellectual Property 52

Intellectual Property Trademark Branding Brands 52

DuetsBlog

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(d); (2) dilution by blurring under Trademark Act Section 43(c), 15 U.S.C.

Intellectual Property 52

Intellectual Property Trademark Branding Brands 52

43(B)log

FEBRUARY 18, 2022

Lolita Darden, Stopping Zombie Company Trademark Abuse and Consumer Deception in Trademark Abandonment Cases Based on clinic work. Forum-shopping from TTAB/federal court; D secured transfer from Mass. Can provide information about consumer/target market. b/c standard for proving abandonment is not consistent through US.

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Trademark False Advertising Fair Use Branding 59

The TTABlog

JANUARY 5, 2022

2021 USPQ2d 164 (TTAB 2021) [precedential] (Opinion by Judge Cynthia C. The TTAB dismissed the Olympic Committee’s opposition to registration of the mark PIERRE DE COUBERTIN for various goods in classes 3, 9, 14, 18, 25, and 28, including perfume, sunglasses, jewelry, luggage, clothing, and sporting goods. TTABlogged here ].

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LexBlog IP

FEBRUARY 12, 2022

law is a certification mark and protection is achieved via registration similar to a trademark. Le Gruyere certified cheese as found in California markets. Under the Trademark Act (15 U.S.C.§ Organizations that certify such characteristics may apply to register their marks at the US Patent and Trademark Office (USPTO).

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Public Domain Registration Journalism Designs 59

LexBlog IP

JUNE 13, 2023

Sadly, the story is the opposite for federal trademarks. NCG”) was denied federal registration for its trademarks: BAKKED and (collectively the “Marks”) by the United States Patent and Trademark Office (“USPTO”). The Trademark Trial and Appeal Board (the “Board”) in a precedential, i.e., binding opinion , said no.

Trademark 52

Trademark Registration Advertising Advertising 52

43(B)log

FEBRUARY 23, 2024

Introduction: Rebecca Tushnet What might we derive from things the Court has said about trademark of late? The purpose of trademark is consumer protection; source-identification is the most relevant consideration but not the entirety of TM law. It will affect the TTAB. Dinwoodie and Janis taken out of context?

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Trademark Law Branding Brands 45