TTABlog Mid-Year Report: 18 Precedential Opinions Thus Far

At the midpoint of calendar year 2017, the TTAB has issued 18 precedential opinions. [Note that the TTAB counts them on a fiscal year basis]. Three surname cases continued the Board's de-emphasis on surname rareness. Two phantom mark cases and two Section 2(b) insignia cases made rare appearance on the precedential list. Another marijuana ruling confirmed the predominance of the federal Controlled Substances Act in the Board's analysis. And the certification mark TEQUILA cleared the opposition hurdle.

Section 2(a) - Deceptiveness:

• Precedential No. 8: TTAB Finds KLEER ADHESIVES Deceptive, But Not KLEER MOULDINGS and KLEER TRIMBOARD

Section 2(b) - Flag, Coat of Arms, or Other Insignia:

• Precedential No. 7: TTAB Affirms Section 2(b) Refusal of Mark Simulating the Prince of Wales Emblem
• Precedential No. 3 = TTAB Test: Does this Mark Include a Simulation of the Swiss Flag? [Yes]

Section 2(d) - Likelihood of Confusion:

• Precedential No. 11: TTAB Affirms Section 2(d) Refusal of Hockey Logo, Finding No Consent to Registration, 13th Factor Outweighed

Section 2(e)(1) - Mere Descriptiveness

• Precedential No. 15: LITTLE MERMAID Merely Descriptive of Dolls, Says TTAB
• Precedential No. 14: TTAB Affirms Mere Descriptiveness Refusal of WELL LIVING LAB for Research Services
• Precedential No. 4: Despite Amendment of Drawing to "SharpIN," TTAB Treats Mark as Standard Characters and Affirms Descriptiveness Refusal

Section 2(e)(4) - Primarily Merely a Surname: 

• Precedential No. 16: Rejecting Equivalents Argument, TTAB Affirms Surname Refusal of WEISS WATCH COMPANY
• Precedential No. 10: TTAB Sustains Surname Claim Against AZEKA'S RIBS, But Proceeds to Find Opposer's Mark Abandoned
• Precedential No. 9: TTAB Affirms Surname Refusal of BELUSHI'S for Travel and Restaurant Services

Abandonment:

• Precedential No. 18: Finding Abandonment of Opposer's Mark, TTAB Dismisses ARMBRUSTER STAGEWAY Opposition

Application Requirements/Lawful Use/Specimen of Use:

• Precedential No. 17: TTAB Affirms Refusal of PHARMACANN for Medical Marijuana Services Due to Illegality under CSA
• Precedential No. 13: TTAB Reverses Mutilation and Phantom Mark Refusals of U. Miami Ibis Design
• Precedential No. 6: Applicant Complied With Rule 2.61(b) Request for Information, Says TTAB
• Precedential No. 4: Despite Amendment of Drawing to "SharpIN," TTAB Treats Mark as Standard Characters and Affirms Descriptiveness Refusal
• Precedential No. 2: TTAB Affirms Rejection of Specimen of Use for CONEY ISLAND BOARDWALK CUSTARD

Certification Mark Control:

• Precedential No. 1: TTAB Dismisses Opposition to TEQUILA Certification Mark Application

Failure to Function/Phantom Mark:

• Precedential No. 13: TTAB Reverses Mutilation and Phantom Mark Refusals of U. Miami Ibis Design
• Precedential No. 12: Return of the Phantom Mark Refusal

Fraud:

• Precedential No. 1: TTAB Dismisses Opposition to TEQUILA Certification Mark Application

Genericness:

• Precedential No. 1: TTAB Dismisses Opposition to TEQUILA Certification Mark Application

Discovery/Evidence/Procedure:

• Precedential No. 10: TTAB Sustains Surname Claim Against AZEKA'S RIBS, But Proceeds to Find Opposer's Mark Abandoned
• Precedential No. 5: TTAB Rejects Untimely, Fee-less Paper Opposition Filed Sans Petition to Director

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.