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Searching Content by John L. Welch ordered by Published Date Descending.
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1
Precedential No. 23: TTAB Affirms Section 2(e)(5) Functionality Refusal Of Umbrella Configuration
In view of Applicant OEP's own utility patent, the Board had no doubt in affirming a Section 2(e)(5) functionality refusal of the product configuration shown below, for umbrellas.
United States
23 Aug 2019
2
TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
Here are three recent TTAB decisions in Section 2(d) appeals. I'm not giving any hints, so you're on your own, my friends.
United States
22 Aug 2019
3
TTAB Finds Wedge Shape For Yoga Blocks Functional Under Section 2(e)(5)
The Board affirmed a Section 2(e)(5) refusal to register the product configuration shown below, for "yoga blocks," finding the proposed mark to be de jure functional and therefore
United States
22 Aug 2019
4
WORLD'S BEST DOWN Incapable Of Functioning As A Trademark For Bedding Containing Down, Says TTAB
The Board affirmed a refusal to register, on the Supplemental Register, the phrase WORLD'S BEST DOWN for bedding containing down [DOWN disclaimed]
United States
20 Aug 2019
5
Precedential No. 22: PIERCE-ARROW For Autos Confusable With PIERCE ARROW SOCIETY, Says TTAB
Although the PIERCE-ARROW automobile was last produced in 1938, the Board sustained this opposition to registration of the mark PIERCE-ARROW for automobiles, finding a likelihood of confusion
United States
19 Aug 2019
6
TTABlog Test: Are These Two Four-Legged Animal Design Marks Confusable For Clothing?
Another test for you. Abercrombie & Fitch opposed an application to register the mark RED DEAR & Design, shown below left, for various clothing items
United States
15 Aug 2019
7
AIPLA Trademark Roundtable In Boston: Sept. 17th
The American Intellectual Property Law Association (AIPLA) and Foley Hoag LLP are hosting a trademark roundtable discussion in Boston on September 17th, from 11:45 AM -2:00 PM, at the Foley Hoag offices.
United States
15 Aug 2019
8
TTABlog Test: Are These Two "CANNONBALL" Marks Confusable For Beer?
The USPTO refused to register the mark CANNONBALL CREEK BREWING COMPANY GOLDEN, COLORADO and Design, as shown below, for "beer" [BREWING COMPANY GOLDEN,
United States
15 Aug 2019
9
TTABlog Test: Is "KP QUIK STOP & Design" Confusable With KWIK STOP For Convenience Stores?
The USPTO refused to register the mark KP QUIK STOP & Design for retail convenience stores, finding it likely to cause confusion with the registered mark KWIK STOP
United States
14 Aug 2019
10
Precedential No.21: TTAB Finds MALAI Generic for Ice Cream
Finding that relevant consumers would understand the term MALAI to refer to a key aspect of "ice cream, gelato, dairy-free ice cream, frozen yogurt, frozen desserts, ice cream sandwiches, sorbet
United States
13 Aug 2019
11
TTABlog Test: Is "KERRIDGE COMMERCIAL SYSTEMS" Primarily Merely A Surname?
The USPTO refused to register the mark KERRIDGE COMMERCIAL SYSTEMS for various goods and services, all for use in the distribution...
United States
12 Aug 2019
12
CAFC Affirms TTAB: Appellant Waived Arguments By Not Raising Them At The Board
The CAFC affirmed the TTAB's decision finding a likelihood of confusion between the two marks shown immediately below for athletic clothing
United States
8 Aug 2019
13
Ubiquitous "Uncle Sam" Image Fails To Function As A Trademark , Says TTAB
The Board affirmed a refusal to register the purported mark shown below for a variety of goods in classes 28, 29, 30, 32, and 33, finding that it fails to function as a source indicator
United States
8 Aug 2019
14
USPTO Examination Guide: Requirement Of U.S. Licensed Attorney For Foreign Trademark Applicants And Registrants
The USPTO has issued Examination Guide 4-19 (August 2019), entitled "Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants."
United States
8 Aug 2019
15
Current Roster Of TTAB Judges (August 2019)
With the recent departure of Judge Susan J. Hightower (to become a United States Magistrate Judge), and the arrival of Deputy
United States
7 Aug 2019
16
TTABlog Test: Is "LIQUOR SLINGER DISTILLING" For Liquor Confusable With "SLINGER" For Shot Glasses?
The USPTO refused to register the mark LIQUOR SLINGER DISTILLING for "liquor" [LIQUOR and DISTILLING disclaimed], finding the mark
United States
6 Aug 2019
17
TTAB Posts August 2019 Hearing Schedule
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of August 2019.
United States
5 Aug 2019
18
TTAB Finds SKEETER BAND Merely Descriptive Of . . . Guess What?
The Board found that this evidence established that the terms SKEETER and BAND are merely descriptive when used in connection with insect repellents and bracelets, respectively.
United States
2 Aug 2019
19
TTAB Finds WIZGEAR Confusable With THE WIZ And NOBODY BEATS THE WIZ, Denies Abandonment And Fraud Counterclaims
In a 43-page opinion, the Board sustained a Section 2(d) opposition to registration of WIZGEAR for "Electronic accessories
United States
1 Aug 2019
20
Precedential No. 20: TTAB Declines To Strike Summary Judgment Motion As Untimely After Respondent Consented To Extension
[This guest post was written by Kira-Khanh McCarthy, a rising-3L at University of Notre Dame Law School.] In this cancellation proceeding involving a registration for the mark SOFT COAG
United States
31 Jul 2019
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