The TTABlog

AUGUST 24, 2021

What's the story on the trademark side, where the issue of recover of attorney fees under Section 1071(b) has been hanging around for several years? You will recall that in Peter v. TTABlogged here ]. Well, last week, in Hyatt v. pdf here ]. TTABlogged here ]. Focarino , 784 F.3d 3d 219, 225 (4th Cir. in attorney fees (i.e., Nantkwest ]."

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The TTABlog

APRIL 3, 2023

Section 2(a) - Deceptiveness: TTAB Affirms Two Refusals of "ROSE PETALS" for Supplements Not Containing Rose Petals Section 2(d) - Likelihood of Confusion: TTABlog Test: Is EVERWILD For Distilled Spirits Confusable With EVERCLEAR for Alcoholic Beverages? E-mail subscriptions to the TTABlog are available. Precedential No. Precedential No.

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IP Tech Blog

MARCH 4, 2024

This a noteworthy change in the jurisprudence surrounding TTAB proceedings and is something that all TTAB practitioners must be mindful of when seeking third-party discovery. This case has implications for all future TTAB matters in which a party may seek third-party discovery. Qingdao Ecopure Filter Co., Section 24.

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The TTABlog

JUNE 30, 2023

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? 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? [No]

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Erik K Pelton

MAY 23, 2023

An office action is a letter—really a refusal—issued by an examining attorney at the USPTO that outlines what requirements have not yet been met in the application. An office action is a letter—really a refusal—issued by an examining attorney at the USPTO that outlines what requirements have not yet been met in the application.

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JD Supra Law

MARCH 22, 2023

In what may be the longest running trademark dispute in the United States, the U.S. Trademark Trial and Appeal Board (“TTAB”) in December 2022 ordered the cancellation of the COHIBA and COHIBA (stylized) registrations owned by General Cigar Co. General Cigar”), based on Article 8 of the Pan American Convention.

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LexBlog IP

MARCH 4, 2024

This a noteworthy change in the jurisprudence surrounding TTAB proceedings and is something that all TTAB practitioners must be mindful of when seeking third-party discovery. This case has implications for all future TTAB matters in which a party may seek third-party discovery. Qingdao Ecopure Filter Co., Section 24.

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The TTABlog

OCTOBER 6, 2022

Section 2(a) - False Suggestion of a Connection: TTAB Upholds Section 2(a) False Connection Refusal of US SPACE FORCE for License Plate Frames, Umbrellas Precedential No. 24: "PURPLE RAIN" for Dietary Supplements Falsely Suggests a Connection with Prince, Says TTAB Section 2(b) - Governmental Insignia: Precedential No.

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The TTABlog

AUGUST 3, 2021

Yes] TTAB Affirms Geographical Descriptiveness Refusal of RENOAIR for Air Transport Services: Distinctiveness for Model Airplanes Not Transferable Precedential No. 2: TTAB Finds CHARLESTON HARBOR TOURS Geographically Descriptive of. [Yes] 2: TTAB Finds CHARLESTON HARBOR TOURS Geographically Descriptive of. [Yes] Guess What?

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Patently-O

APRIL 20, 2023

2023) In this trademark case, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) denying registration of the mark SPARK LIVING for residential real estate, based upon the prior registration of SPARK for commercial real estate. The Court did find one error by the TTAB, but concluded that it was harmless.

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The TTABlog

JUNE 7, 2024

You probably guessed it, didn't you? I once knew a student named Ally, so that threw me off. I n re Student Ally, Inc. 90046632 (June 5, 2024) [not precedential] (Opinion by Judge Jennifer L. Examining Attorney Michael Eisnach submitted dictionary definitions and a raft of examples of Applicant’s own use and of third-party use.

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Patently-O

OCTOBER 3, 2021

I previously wrote about the TTAB decision denying TBL’s attempt to register the shape of its Timberland Boots as a protectable trade mark. In so doing, the TTAB refused to register what has been deemed “one of the most recognizable shoes of all time.” Jun 04, 2021). TBL Complaint. Booking.com B.V. Matal , 278 F.

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JD Supra Law

NOVEMBER 12, 2021

What can you do? One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. By: Fish & Richardson

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Patent Trademark Blog

JULY 31, 2023

How do you win a trademark opposition at the TTAB? Regardless of whether you are the plaintiff or defendant, recognize that a TTAB proceeding typically covers only the registration of the mark. What must be proven, therefore, depends on the specific claims contained in the Notice of Opposition.

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Patently-O

AUGUST 8, 2021

More than a decade later, the Schiedmayer Celesta company petitioned to cancel the mark, and the TTAB complied, finding that Piano Factory’s use of the mark created a false association. The TTAB also rejecting Piano Factory’s a laches defense. has power to review certain TTAB decisions. Schiedmayer Celesta GmbH (Fed.

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Erik K Pelton

DECEMBER 8, 2020

The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. Many fees are going up, and several new fees have been created. These fee changes have been in the works for more than a year. 6, 2020). For details on the changes, read on below. Application and Application-Related Fees.

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The TTABlog

JUNE 8, 2023

Consider, now, the TTAB's treatment of the parody defense. Consider, now, the TTAB's treatment of the parody defense. Sherman , 88 USPQ2d 1581, 1592 (TTAB 2008) (“In finding that the marks are not similar, we have given no weight to applicant's argument that his mark is a parody. So now what will the Board do?

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JD Supra Law

MAY 18, 2022

As a trademark attorney, it is up to you to present legal arguments to convince the TTAB to support your client during trademark cases. But sometimes, TTAB proceedings can be confusing. By: Whitcomb Selinsky, PC

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Patent Trademark Blog

MARCH 28, 2023

Trademark reexamination: A new way of attacking registrations Back in the old days, you had to file a TTAB cancellation in order to cancel a trademark registration for lack of use. What if you simply wanted to cancel a trademark registration based on nonuse without going through all the expense and effort of litigation?

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The TTABlog

NOVEMBER 10, 2023

Getting Your Teflon Survey to "Stick" at the TTAB Teflon. Teflon surveys are often times at play before the TTAB. That brings us to this week's discussion of two recent TTAB decisions involving Teflon studies. When trademark trial lawyers and their experts hear it, though, (regardless of the day), we think of.consumer surveys.

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Patent Trademark Blog

JULY 7, 2022

What is a trademark counterclaim? 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. Let’s consider scenarios when it may make sense to file a TTAB trademark counterclaim.

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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. Guess What? Yes] Precedential No. Yes] Precedential No.

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Patently-O

APRIL 14, 2022

The key constitutional question involves when a TM challenger has Article III standing to appeal an adverse TTAB decision. In a recent filing, Brooklyn Brewery (Brewery) indicated plans to take its trademark opposition/cancellation case to the US Supreme Court. There is a lot going on in Brewery v. Brooklyn Brewery Corp. 4th 129 (Fed.

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Patent Trademark Blog

MAY 19, 2022

Should you file a Notice of Opposition with the Trademark Trial and Appeal Board (TTAB). What does a TTAB trademark opposition case look like? Hopefully, we can shed some light on how to navigate a TTAB trademark opposition. How much does a TTAB trademark case cost? Should you file a trademark opposition?

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LexBlog IP

AUGUST 23, 2023

Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) in a pair of precedential decisions published this summer. The TTAB held in this pair of cases that the shape of a building is neither product packaging nor product design, but some “ tertium quid ” (third thing) akin to product packaging.

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The TTABlog

FEBRUARY 16, 2024

226 USPQ 276, 277 (TTAB 1985). 192 USPQ 165, 167 (TTAB 1976). 20 USPQ2d 1865, 1869 (TTAB 1991); see also TRADEMARK MANUAL OF EXAMINING PROCEDURE (“TMEP”) § 1202.01 (Nov. In re Hi-Tech Pharmaceuticals, Inc. 88291540 (February 14, 2024) [not precedential] (Opinion by Judge Martha B. 15 U.S.C. § See , e.g. , In re Letica Corp. ,

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The TTABlog

JULY 12, 2021

Tomorrow I will be presenting a webinar, along with Ted Davis, for the New York Intellectual Property Law Association, on recent trademark cases in the courts and at the TTAB. Here (pdf) is an article I prepared, briefly summarizing the precedential decisions of the CAFC and the TTAB over the past twelve months. Text Copyright John L.

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The TTABlog

JULY 2, 2021

13: TTAB Affirms Section 2(d) Refusal of NBA Star Joel Embiid's "TRUST THE PROCESS" For Shoes TTABlog Test: Which of These Three Section 2(d) Refusal Was/Were Reversed? 13: TTAB Affirms Section 2(d) Refusal of NBA Star Joel Embiid's "TRUST THE PROCESS" For Shoes TTABlog Test: Which of These Three Section 2(d) Refusal Was/Were Reversed?

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JD Supra Law

APRIL 6, 2023

The Trademark Trial & Appeal Board recently redefined what it takes in the age of the internet to meet the “goods in trade” requirement for registrability by holding that the Lens.com three-factor test is the universal legal standard for that inquiry. 90106071, 90112154, 90112577, 90115155, 90115491, 90115337 (TTAB Mar.

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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? E-mail subscriptions to the TTABlog are available.

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Erik K Pelton

AUGUST 11, 2020

So that initial extension can last for up to 90 days and what it means is that somebody has said, essentially, “Hold on a moment. So that’s what an Extension of Time to Oppose does. For more about trademark oppositions at the TTAB (Trademark Trial and Appeal Board) , see [link]. You just need to wait out that period.

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The TTABlog

MARCH 27, 2023

In another step that will make TTAB proceedings as complicated and expensive as civil litigation, the TTAB has announced its implementation of a pilot program for holding a Final Pretrial Conference in selected cases. Once final, the FPC Order will limit what the parties may pursue at trial. Announcement here ]. Welch 2023.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

What can you do? 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.

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IP Intelligence

NOVEMBER 15, 2021

This issue was recently addressed by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. The TTAB affirmed the refusal to register, denying registration under sections 1, 2, 3 and 45 of the Trademark Act. 4, 2021) [not precedential] ( CHiP ).

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The TTABlog

OCTOBER 23, 2023

McCarthy's article tells what happened at the TTAB and offers her insights as to the ramifications of the Board's ruling. You will recall that Law Professor Rebecca Curtin filed an opposition to registration of the mark RAPUNZEL for dolls. Applicant United Trademark Holdings, Inc., Court of Appeals for the Federal Circuit. pdf here ].

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LexBlog IP

NOVEMBER 15, 2021

This issue was recently addressed by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. The TTAB affirmed the refusal to register, denying registration under sections 1, 2, 3 and 45 of the Trademark Act. 4, 2021) [not precedential] ( CHiP ). ” Id. ” Id. ” Id.

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JD Supra Law

OCTOBER 13, 2022

What can you do? One option is to institute either an opposition or cancellation proceeding at the Trademark Trial and Appeal Board (TTAB). One option is to institute either an opposition or cancellation proceeding at the Trademark Trial and Appeal Board (TTAB). On Wednesday, October 12, please join Fish.

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