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Wolf, Greenfield & Sacks, P.C.
 
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MA 02210
United States
By John L. Welch
The USPTO refused registration of THE CANNIBAL for beer, finding a likelihood of confusion with the identical mark registered for "Restaurant services; Restaurant services, namely, providing of food and beverages ...
By John L. Welch
Section 2(e)(5) of the Lanham Act bars registration of a proposed mark that "comprises any matter that, as a whole, is functional."
By Chris Reilly
IPR is widely used to challenge patents.
By John L. Welch
The Trademark Trial and Appeal Board (TTAB) has scheduled seven (7) oral hearings for the month of August 2017.
By John L. Welch
It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services.
By John L. Welch
Affirming a refusal to register COFFEE FLOUR on the Supplemental Register...
By John L. Welch
Examining Attorney Kevin G. Crennan provided evidence that applicant, on packaging for its own products in strip form and containing the same active ingredient as the liquid or gel, states that those product...
By John L. Welch
The USPTO refused registration of the mark LAVA GEAR for "outdoor survival wear, namely, jackets and pants for extended periods of use outdoors in extreme cold weather" [GEAR disclaimed]...
By John L. Welch
Addressing the revised TTAB Rules that came into effect on January 14, 2017, the Board found that the petitioner had served its discovery requests too late.
By Robert A. Jensen
Attorneys handling an IPR should never be neglectful, of course, but the director of the US Patent and Trademark Office (USPTO) recognizes that neglect in some circumstances is excusable.
By John L. Welch
One of the refusals was reversed.
By John L. Welch
The TTAB affirmed a Section 2(e)(5) refusal to register the product configuration shown below, for "Wind turbines; Windpowered electricity generators," finding the design to be functional because "it is essential to the use or purpose of the product."
By John L. Welch
The Board put an end to Blue Collar Brewery, Inc.'s attempt to prevent Brew Collar Brewery, LLC from registering the mark BLUE COLLAR BREWERY for beer making kits and related goods...
By Stuart Duncan Smith
For the third time, the Board applied sovereign immunity as a defense to IPR. In Reactive Surfaces Ltd. v. Toyota Motor Corporation (IPR2017-00572 & IPR2016-01914), the Board determined that a public university...
By John L. Welch
Accepting an agreement reached by the parties, the TTAB found that applicant Frasca Food and Wine (FFW) is entitled to a concurrent use registration for the mark FRASCA for bar and restaurant services...