The TTABlog

JUNE 30, 2023

[Yes] TTABlog Test: Are Personal Training Services Related to Clothing For Section 2(d) Purpose? TTAB Finds Supplements Related to CBD Cosmetics, But Not to Candles or Vape Pens TTABlog Test: Is EL BURRO BORRACHO Confusable WIth EL BURRO for Restaurant Services?

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The TTABlog

APRIL 5, 2024

Here are three recent TTAB decisions that you may find of interest. Beata Music LLC , Opposition No. Derma Pen IP Holdings LLC , Cancellation No. Cancellation No. Some of you may remember a rock-and-roll group called " The Young Rascals ," later called "The Rascals" once they got older. Dino Danelli and Edward Brigati v.

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JD Supra Law

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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The TTABlog

JANUARY 2, 2023

36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Updated TTABlog Collection of Section 2(a) False Connection Cases Section 2(c) - consent of living individual Precedential No. TTAB Sustains DUTCH BROS. Section 2(a) - false suggestion of a connection Precedential No. Precedential No.

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The TTABlog

DECEMBER 31, 2021

Section 2(a) - Deceptiveness: TTAB Affirms Section 2(a) Deceptiveness Refusal of SMART SUTURE for Bandages Section 2(a) - False Suggestion of a Connection : Precedential No. 31: TTAB Affirms Section 2(a) Refusal of "NATO" for Tents, for Falsely Suggesting a Connection With. You may also follow the TTABlog on Twitter: @TTABlog.

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The TTABlog

JULY 1, 2022

16: TTAB Unsurprisingly Finds "NATURE MADE" Confusable With "MADE IN NATURE" for Fruit and Snack Products TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Yes] TTAB Affirms "EVERLAST" Refusal on Res Judicata and Section 2(d) Grounds TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? [Yes]

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Patent Trademark Blog

JULY 7, 2022

When it comes to TTAB oppositions and cancellations , it may make sense to consider filing a counterclaim against the plaintiff. Monetary relief is unavailable in TTAB proceedings. A potential TTAB counterclaim, therefore, will typically seek to cancel trademark registrations owned by the petitioner or opposer.

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The TTABlog

AUGUST 3, 2021

[Yes] TTABlog Test: Is MALIBU SUPPER CLUB Primarily Geographically Descriptive of Restaurant Services? Yes] TTAB Affirms Geographical Descriptiveness Refusal of RENOAIR for Air Transport Services: Distinctiveness for Model Airplanes Not Transferable Precedential No. Guess What? Yes] Precedential No. Yes] Precedential No.

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LexBlog IP

JANUARY 31, 2024

The TTAB has since clarified that, in situations where the third-party marks or goods are not identical, the burden is on the defendant to prove the marks are in use. became the first appellate court to decide whether service of process under 15 U.S.C. § The Ninth Circuit, in San Antonio Winery, Inc. Jianxing Micarose Trade Co.,

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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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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? TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. A TTAB opposition is a specialized proceeding where the TTAB determines whether your opponent’s trademark application violates your trademark rights. Early Challenges.

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The TTABlog

OCTOBER 1, 2021

The end of the USPTO fiscal year (September 30) yields a flurry of TTAB decisions. Stacey Michelle Terrazas , Opposition No. Stacey Michelle Terrazas , Opposition No. Opposition No. Opposition No. Cancellation No. Among them are the three briefly described below. STX Financing, LLC v. Theragun, LLC v.

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The TTABlog

JULY 30, 2021

Marks found to be primarily geographically deceptively misdescriptive under Section 2(e)(3): TTAB Finds KOTA JAPAN Primarily Geographically Deceptively Misdescriptive for Knife Sharpening Tools TTAB Affirms 2(e)(3) Geographical Deceptiveness Refusal of EMPORIO ITALIA for Bedding WYHA? In re Spirits Int’l N.V. , 3d 1347, 90 U.S.P.Q.2d

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LexBlog IP

MARCH 10, 2022

Previously, trademark owners were required to initiate either an opposition or cancellation action with the Trademark Trial and Appeal Board (the “TTAB”) to challenge a third-party registration. These changes, summarized below, are now in effect.

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Patent Trademark Blog

FEBRUARY 8, 2022

What factors matter in choosing a trademark opposition attorney? A third party has filed an opposition with the TTAB to block the registration of your mark. If you would rather not give up, here are some suggestions on choosing a trademark opposition attorney. Should you hire a trademark filing service?

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The TTABlog

DECEMBER 16, 2021

Here are three recent TTAB decisions in Section 2(d) inter partes proceedings. My Canna PayG Financial , Opposition No. My Canna PayG Financial , Opposition No. Opposition No. Opposition No. Deanna Fulton and Kunoor Chopra , Opposition No. Not knowing all the facts, see if you can guess how they came out.

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The TTABlog

DECEMBER 4, 2023

In a 78-page opinion in this nearly eight-year-old proceeding, the Board dismissed Fair Issac's challenges to registration of the mark FIDO , finding confusion unlikely with the registered mark FICO , both marks for goods and services in the field of fraud prevention. Consolidated Oppositions Nos. Judge Bergsman's opinion (paper no.

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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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Above the Fold

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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The TTABlog

OCTOBER 4, 2021

The Board has now answered that question in the affirmative, granting a petition for cancellation of a registration for the mark DANTANNA'S for "steak and seafood restaurant" on the ground of fraud. Great Concepts, LLC , 21 USPQ2d 1001 (TTAB 2021) [precedential] (Opinion by Judge Marc A. Chutter, Inc.

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The TTABlog

JULY 1, 2021

Opposition No. Opposition No. Cosmic Crusaders LLC , Cancellation No. TTABlog comment: Since TTAB hearings are supposed to be public, shouldn't these video hearings be available for everyone to (at least) hear? July 13, 2021 - 1 PM: In re Cuup, Inc. The Tai Walker Company LLC and Ty Walker, Inc. Andrusiek v. Welch 2021.

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The TTABlog

OCTOBER 6, 2021

Applicant Haider Capital sought a concurrent registration for the mark SKIN DEEP for beauty salon and health spa services, naming registrant Skin Deep Laser as an excepted user. Skin Deep Laser MD , LLC, 2021 USPQ2d 991 (TTAB 2021) [precedential]. Haider Capital Holding Corporation LLC v. New Application Required?:

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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 ]. Garan, Incorporated and Garan Services Corporation v. The TTAB treated it as singul ar.

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LexBlog IP

JANUARY 4, 2023

In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) rejected Mystery Ranch’s claim that the application falsely suggested a connection between Mystery Ranch and Terminal Moraine, but upheld the opposition because Mr. Gleason had not consented to registration of the mark. Mystery Ranch, Ltd.

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The TTABlog

JUNE 14, 2021

Claiming common law rights in the mark TRAVELSMART for mobile apps related to travel, Petitioner AWP sought cancellation of a registration for the mark CHUBB TRAVEL SMART for similar mobile apps. Cancellation No. 126 USPQ2d 1034 (TTAB 2018). AWP USA Inc. Chubb INA Holdings Inc. Australian Therapeutic Supplies Pty. 4 (2014)).

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Patent Trademark Blog

OCTOBER 25, 2021

Trademark rights in the US are generally based on first use in commerce , meaning that whoever was first to use a mark on certain goods or services would be presumed the lawful owner of the trademark. If an earlier-filed application for a similar mark is preliminarily approved, the mark will be published for opposition.

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43(B)log

FEBRUARY 23, 2024

But they have virtually no experience, except in TTAB, with other side of the equation, remedies, 1A limitations, etc. TTAB is better suited, b/c at least get microcosm of LOC cases b/c of competing TM claimants. 74 have had an outcome: 32 partial cancellation, 42 full cancellation. That’s of registrations w/a response.

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The TTABlog

JANUARY 3, 2024

A number of trademark practitioners believe that the TTAB should be issuing more precedential decisions. 34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks Precedential No. 16: TTAB Finds Guitar Shape for Hotel to be Inherently Distinctive Precedential No. link here ).

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The TTABlog

JANUARY 5, 2023

24: "PURPLE RAIN" for Dietary Supplements Falsely Suggests a Connection with Prince, Says TTAB Section 2(b) - Governmental Insignia: Precedential No. 19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(c) - Consent of living individual Precedential No.

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The TTABlog

OCTOBER 2, 2023

Section 2(a) - Deceptiveness: TTAB Deems "THE OFFICIAL WEBSITE OF JEKYLL ISLAND" Deceptive for Promoting Tourism and Recreation Section 2(d) - Likelihood of Confusion: TTABlog Test: Are Mugs, Pastries, and Coffee Shops Related to Tote Bags and Shirts for Section 2(d) Purposes? Precedential No. TTABlog Test: Is "S!MPLY"

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The TTABlog

JANUARY 2, 2024

Yes] Lack of Actual Actual Confusion Leads to Dismissal of FICO Challenge to FIDO for Fraud Prevention Software and Services TTABlog Test: Are these Two Design Marks Confusable (for Rice)? Fails to Function as a Trademark for Ornamental Novelty Pins, Says TTAB Precedential No. Precedential No. KEEP AMERICA GREAT! Guess What?

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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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The TTABlog

MAY 8, 2023

Unsurprisingly, the Board dismissed Professor Rebecca Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures, finding that Curtin, as a mere consumer of fairytale-themed products, failed to prove her entitlement to a statutory cause of action. 2023 USPQ2d 535 (TTAB 2023) [precedential] (Opinion by Judge Michael B.

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The TTABlog

OCTOBER 25, 2022

97 USPQ2d 1403 (TTAB 2010). 1983), aff’g 213 USPQ 594 (TTAB 1982) [most recently followed in NPG Records, LLC and Paisley Park Enterprises, LLC v. 1983), aff’g 213 USPQ 594 (TTAB 1982) [most recently followed in NPG Records, LLC and Paisley Park Enterprises, LLC v. Petróleos Mexicanos v. Intermix S.A. , TTABlogged here ].

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The TTABlog

APRIL 1, 2022

Section 2(a) - False Suggestion of a Connection TTAB Reverses Section 2(a) False Connection Refusal of SPACE COMMAND for Books, Clothing, and Toys Section 2(d) - Likelihood of Confusion: TTABlog Test: Are These Two "MW" Design Marks Confusingly Similar for Metal Fabrication Services? No] Precedential No.

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43(B)log

FEBRUARY 23, 2024

Allow PTO to unilaterally cancel marks. It will affect the TTAB. Mark McKenna: TM is a creature of common-law courts and we don’t live in that world any more. Jeanne Fromer: participated in drafting sessions for TMA with Farley & Beebe—were able to advocate for some changes. Another issue: the SG’s office is critical.

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