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Searching Content indexed under Patent by John L. Welch ordered by Published Date Descending.
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TTAB Affirms Section 2(e)(5) Functionality Refusal Of Milk Container Configuration
The Board affirmed a Section 2(e)(5) refusal of the container configuration shown below, for "milk," finding the design to be de jure functional.
United States
28 May 2019
2
TTAB Test: Do The Design Elements Make This Mark Eligible For Supplemental Registration?
In a December 2017 decision the Board granted, in part, petitioner's motion for summary judgment [here] and ordered cancellation of a Supplemental Registration for the phrase MORE PROTEIN THAN SUGAR! in standard character form, finding that the purported mark is incapable of functioning as a trademark for "yogurt."
United States
30 Nov 2018
3
CAFC Affirms TTAB Dismissal Of Surname Oppositions To SCHLAFLY For Beer, Finding Acquired Distinctiveness
In this rather quixotic appeal, the CAFC upheld the TTAB's decision of August 2, 2016 [TTABlogged here], dismissing two oppositions to registration of the mark SCHLAFLY for beer.
United States
30 Nov 2018
4
USPTO Proposes Rule Change Requiring Foreign Applicants Be Represented By Us Licensed Attorney
The USPTO is proposing to change the Trademark Rules of Practice to require that foreign applicants be represented by a U.S. licensed attorney.
United States
29 Oct 2018
5
Precedential No. 30: Rejecting Opposer's Over-Counting Of Interrogatories, TTAB Grants Motion To Compel Responses
In a less than scintillating ruling, the Board order consolidation of two oppositions involving the same marks and parties and common issues of law and fact.
United States
27 Sep 2018
6
On Summary Judgment, TTAB Orders Cancellation Of 3-Concentric-Loop Wastewater Ditch Registration On Functionality Ground
[Caveat: The Wolf Greenfield trademark team of Christina Licursi, Stephanie Stella, and Yours Truly represented Petitioner Lakeside Equipment in this case.].
United States
31 Aug 2018
7
TTAB Reverses 2(d) Refusal Of CARAT For Airplane Connectivity Services: Unrelated To Broadcasting Services
The Board reversed a refusal to register the mark CARAT (Stylized) for aircraft connectivity services that enable transmission of data to and from aircraft.
United States
20 Jul 2018
8
Federal Circuit Rules That BPCIA Preempts State Law
Last week, the Federal Circuit issued its opinion on remand in Amgen Inc. v. Sandoz Inc., holding that the Biologics Price Competition and Innovation Act of 2009 (BPCIA)...
United States
10 Jan 2018
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