The TTABlog

DECEMBER 12, 2023

In this battle of the birds, frequent TTAB plaintiff Abercrombie & Fitch opposed an application to register the mark shown below left, for various clothing items, claiming a likelihood of confusion with its registered design mark shown below right, for overlapping clothing items. So it all boiled down to the marks.

Designs 56

Designs Design Registration Business 56

Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. A 3D shape cannot be registered as a trademark if the shape: Arises from the inherent nature of the object or goods; Provides a technical function; or.

Trademark 105

Trademark Intellectual Property Registration Designs 105

The TTABlog

OCTOBER 18, 2021

The USPTO refused registration of the mark REPUBLIC OF LONDON (in standard character form) for shirts, pants, and other clothing items, deeming the mark to be primarily geographically deceptively misdescriptive under Section 2(e)(3). Applicant’s mark thus falls outside of the restrictions of Trademark Act Section 2(e)(3).

Registration 52

Registration Trademark Designs Design 52

The TTABlog

MARCH 24, 2022

I understand the trademark owner's duty to police its marks. The Board dismissed this opposition to registration of the mark shown below left, for "t-shirts," finding no likelihood of confusion with Monster Energy's design mark shown below right, for clothing, including t-shirts. I don't like to accuse any party of being a bully.

Designs 87

Designs Design Licensing Registration 87

43(B)log

AUGUST 4, 2021

Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are supposed to work. A: not ready yet. This may be one factor.

Copyright 90

Copyright Trademark Copying Fair Use 90

The TTABlog

JUNE 28, 2021

In a sixty-page opinion, the Board upheld a refusal to register the proposed mark NIGGA (in standard character form) for various clothing items, finding that the term fails to function as a trademark in view of its widespread use on clothing offered by multiple third parties. In re Snowflake Enterprises, LLC , Serial No.

Registration 40

Registration Social Media Trademark Copyright 40

43(B)log

JUNE 24, 2022

Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. types of use that might infringe? Past issues like TM use and failure to function may appear in a new light through the lens of ornamentality. Also links to abandonment: what does it take to maintain use?

Trademark Law 75

Trademark Law Law Trademark Registration 75