Searching Content indexed under Trials & Appeals & Compensation by John L. Welch ordered by Published Date Descending.
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Applying Doctrine Of Foreign Equivalents, TTAB Finds GUEPARDO And CHEETAH Confusingly Similar For Vehicle Wheels And Tire Equipment
[This guest post was written by Kira-Khanh McCarthy, a rising-3L at University of Notre Dame Law School.]
United States
17 Jun 2019
TTABlog Collection Of Section 2(b) "Flag Or Other Insignia" Cases
Here is a short but sweet collection of Section 2(b) cases from the TTABlog. Section 2(b) prohibits an "applicant" from registering a mark that "consists of or comprises the flag or coat of arms
United States
13 Jun 2019
Precedential No. 12: TTAB Finds NATIONAL MIDGET SERIES Merely Descriptive, Not Generic, For Auto Racing
The Board sustained an opposition to registration of the mark NATIONAL MIDGET SERIES, finding it merely descriptive of, but not generic for, "entertainment services, namely, arranging and conducting...
United States
13 Jun 2019
On Reconsideration, TTAB Says Settlement Agreement Calling For Abandonment Of Opposed Application Is Not Consent To Dismissal Without Prejudice
In a rare granting of a motion for reconsideration, the Board vacated its order of December 28, 2018 ...
United States
10 Jun 2019
Reversing TTAB, E.D. Va. Finds VAGISAN Confusable With Famous VAGISIL Mark For Feminine Hygiene Products
Reversing the TTAB's June 19, 2017 decision, the U.S. District Court for the Eastern District of Virginia found the mark VAGISAN for various feminine hygiene products likely to cause confusion with the registered mark...
United States
10 Jun 2019
Updated TTABlog Collection Of Section 2(A) Deceptiveness Cases
Here is an updated collection of Section 2(a) deceptiveness cases from the TTABlog. Of course, most of these decisions are not precedential ...
United States
7 Jun 2019
Updated Ttablog Collection Of Section 2(e)(3) "Primarily Geographically Deceptively Misdescriptive" Cases
Here is an updated collection of Section 2(e)(3) cases. Of course, most of the decisions are not precedential, but even non-precedential decisions may be helpful in framing effective arguments and locating precedential support for them.
United States
4 Jun 2019
TTABlog Test: Are Clothing And Jewelry Related Under Section 2(d)?
I know. The cynics out there are saying that, in TTAB land, everything is related to clothing.
United States
3 Jun 2019
District Court Rules On Motion To Dismiss Counterclaim In Appeal From TTAB's "Bullet-Shaped-Antenna" Decision
ESR Performance Corp. has commenced a civil action in the U.S. District Court for the Middle District of Florida, seeking review of the Board's decision granting a petition for cancellation ...
United States
30 May 2019
TTAB Found "FOUNDRY" Deceptively Misdescriptive Of Non-Foundry Faucets
The Board affirmed a Section 2(e)(1) refusal to register the mark FOUNDRY, finding it deceptively deceptively misdescriptive of "plumbing products ...
United States
29 May 2019
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
TTABlog Test: Is "HULA DELIGHTS" For Nut Gift Baskets Confusable With "HULA PRINCESS" For Nuts?
The USPTO refused registration of the mark HULA DELIGHTS for "gift baskets featuring processed nuts," finding a likelihood of confusion with the registered mark HULA PRINCESS
United States
27 May 2019
TTAB Orders Cancellation Of MAXVOLINE Registration For Nonuse, But Dismisses Likelihood Of Confusion Claim With VALVOLINE And MAX LIFE
In a 69-page decision, the Board granted a petition for cancellation of registrations for the mark MAXVOLINE
United States
22 May 2019
CUBNOXIOUS Confusable with (Chicago) CUBS For Shirts, Says TTAB
Those obnoxious Chicago Cubs are back again, this time successfully opposing an application to register the mark CUBNOXIOUS for "shirts."
United States
21 May 2019
TTAB Finds SURLY PENGUIN For Alcoholic Beverages Except Beer Confusable With SURLY For Beer And Restaurant Services
The Board shot down yet another attempt to show that beer and other alcoholic beverages are not related,
United States
17 May 2019
TTAB Dismisses Opposition: Designer Of WINDY CITY GROOVE Logo Fails To Prove Ownership Of The Mark
Opposer Joyce K. Thomas tossed up an air ball in this opposition to register the mark WINDY CITY GROOVE & Design for "Entertainment in the nature of basketball games;
United States
16 May 2019
TTABlog Test: Is "ARKIVE" Merely Descriptive Of Document And Data Storage Services?
The USPTO refused registration of the mark ARKIVE for document and data services, finding the mark to be merely descriptive under Section 2(e)(1).
United States
15 May 2019
TTABlog Test: Is ACTTRA Confusable With ACTARA For Agricultural Insecticides?
The USPTO refused registration of the mark ACTTRA, finding it likely to cause confusion with the registered mark ACTARA
United States
10 May 2019
Precedential No. 10: TTAB Dismisses Rare Section 2(c) Opposition Due To Death Of Named Individual
In a rare inter partes proceeding involving Section 2(c), the Board dismissed an opposition to registration of the mark MANIKCHAND for "snuff."
United States
10 May 2019
HERE FOR THE GIRLS Confusable With FOR THE GIRLS For Cancer-Related Services, Says TTAB
The Board affirmed a refusal to register HERE FOR THE GIRLS for "Charitable services, namely, providing emotional support services for improvement of young womens [sic]
United States
9 May 2019
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