The USPTO is proposing to change the Trademark Rules of Practice to require that foreign applicants be represented by a U.S. licensed attorney. [IMHO, this proposal appears to be a reaction to the flood of applications filed by Chinese individuals, and is designed to improve the quality of these app
The Board granted a petition for cancellation of a registration for the mark CARDIO TONE, finding the mark likely to cause confusion with the registered mark CARDITONE, both for nutritional supplements. Although the record evidence showed more than 20 years of concurrent use of the marks without any
The Board affirmed two refusals to register the photograph of "Grumpy Cat" shown below, as a trademark for, inter alia , computer apps, paper goods, and stuffed toys, and as a service mark for entertainment services, all featuring "Grumpy Cat," finding the proposed mark to be mer
Almosafer Travel petitioned to cancel a registration for the mark YAMSAFER for travel agency services, on the ground of mere descriptiveness. The registration states that the English translation of YAMSAFER, an anglicized version of an Arabic word, is YOU THE TRAVELER. Does the doctrine of foreign e
On September 7, 2018, the USPTO filed at the Supreme Court a Petition for a Writ of Certiorari (pdf here ) in Iancu v. Brunetti , seeking the Court's review of the judgment of the U.S. Court of Appeals for the Federal Circuit in In re Brunetti , 125 USPQ2d 1072 (Fed. Cir. 2017) [ TTABlogged here ].
In a 56-page opinion, the Board sustained this opposition to registration of SNACKEEZ DUO for "Beverageware; Household containers for foods; Thermal insulated containers for food or beverages; Bottles, sold empty for beverages; Cups for beverages; Insulating sleeve holder for beverage cups; Por
The Board granted Major League Baseball's petition for cancellation of a Supplemental Registration for the mark shown first below, for "clothing, namely, short and long sleeve t-shirts, sweatshirts,v jackets, baseball hats, and beanies," finding it likely to cause confusion with the regist
The Board dismissed an opposition to registration of PIRATE PISS for "beer, ale and lager," finding that confusion is not likely with the registered mark PYRAT for "“distilled spirits” (and PYRAT RUM for “rum”). Opposer's evidence that beer and rum are related was inadequate,
In a bit of a snoozer, the Board affirmed Section 2(d) refusals of the mark THE TROPICS for "providing foods and drinks; providing of food and drink via a mobile truck; restaurant; catering services" (class 43) and the words + design mark shown below for "entertainment services in the
Hitting the trifecta is a good thing, right? Don't bet on it. Applicant Trilliant was hit with a "trifusal" (TM The TTABlog), in its application to register the mark NRG (in standard character form) for "coffee for use in single-serve brewing machines" [COFFEE disclaimed]. The Bo
On May 24, 2018, the USPTO issued "Examination Guidance for Compliance with Section 2(a)’s Scandalousness Provision While Constitutionality Remains in Question during Period to Petition for Certiorari to U.S. Supreme Court" (pdf here ). In short, applications that receive a "scandal
The Board affirmed a Section 2(d) refusal to register HONEYHOLE SANDWICHES for "restaurant with bar specializing in serving proprietary unique sandwiches, local beers and alcohol in a vibrant, eclectic environment" [SANDWICHES disclaimed], finding the mark likely to cause confusion with th
Ruling that website evidence from a no longer active website is not probative, the Board found the term CAVIAR to be not misdescriptive of applicant's pet foods and pet treats, and so it reversed Section 2(a) deceptiveness and Section 2(e)(1) deceptive misdescriptiveness refusals of the mark CANINE
Thank you Ted Davis for allowing me to post a link ( here ) to your 2018 outline of trademark decisions. The outline (59 pages) covers both federal court litigation and many TTAB cases. Thanks also to all of you who attended yesterday's Annual Review session in Seattle. Read comments and post your c
The Board dismissed this opposition involving the two marks shown immediately below, for clothing embedded or infused with copper [COPPER 88 disclaimed], finding the marks too dissimilar to support a Section 2(d) likelihood of confusion claim. The Board also dismissed Opposer Tommie Copper's fraud c
Here we go again. The Board sustained an opposition to registration of the marks BEAR CREEK DISTILLERY , in standard character and design form, for "Spirits; Spirits and liqueurs; Distilled spirits," finding a likelihood of confusion with the registered mark BEAR CREEK for "wines.&quo
The Board denied Petitioner's motion to add a fraud claim to its petition for cancellation, finding that, as to the two grounds advanced, Petitioner's proposed pleading was legally insufficient. Software Freedom Law Center v. Software Freedom Conservancy , Cancellation No. 92066968 (April 26, 2018)
The Board affirmed a refusal to register the mark shown below, for "retail furniture stores," absent a disclaimer of "FURNITURE WAREHOUSE." It also upheld the USPTO's determination that "AMERICAN FURNITURE WAREHOUSE" is primarily geographically descriptive under Section
The Board affirmed a Section 2(a) refusal of the mark P6 CHROME, in standard characters, for "dietary and nutritional supplements that do not contain chromium," finding that the mark is deceptive because it misdescribes the goods as containing chromium and that misdescription would likely
The Board denied Opposer Kate Spades’s motion to strike Applicant’s pretrial disclosures and to exclude three subsequently-filed testimony declarations, rejecting Spade's assertion that Applicant Thatch failed to timely supplement its initial disclosures to identify the three declarants. Because
The TTABlog<sup>®</sup>: USPTO Proposes Rule Change Requiring Foreign Applicants Be Represented By US Licensed Attorney
The TTABlog<sup>®</sup>: TTAB Grants Section 2(d) Petition for Cancellation Despite 20 Years of Concurrent Use Without Confusion
The TTABlog<sup>®</sup>: TTAB Finds Photo of Grumpy Cat Merely Descriptive of Grumpy Cat-Related Goods and Services
The TTABlog<sup>®</sup>: TTAB Test: Is YAMSAFER (Arabic) Merely Descriptive of Travel Agency Services?
The TTABlog<sup>®</sup>: USPTO Files Petition for Writ of Certiorari in Brunetti "FUCT" Case
The TTABlog<sup>®</sup>: Opposer Proves Priority by Use Analogous to Trademark Use and by Shipment of Two Samples
The TTABlog<sup>®</sup>: TTAB Grant MLB's Section 2(d) Petition for Cancellation of Registration for MAJOR LEAGUE ZOMBIE HUNTER & Design for Clothing
The TTABlog<sup>®</sup>: PIRATE PISS for Beer Not Confusable With PYRAT for Rum, Says TTAB
The TTABlog<sup>®</sup>: THE TROPICS for Restaurant Services Confusable With TROPIXX for Nightclub Services, Says TTAB
The TTABlog<sup>®</sup>: TTAB Affirms Trifusal of NRG COFFEE for Coffee: 2(d), 2(e)(1) Descriptiveness and Deceptive Misdescriptiveness
The TTABlog<sup>®</sup>: USPTO Exam Guide 2-18: Scandalousness Refusals on Hold Pending Final Resolution of In re Brunetti
The TTABlog<sup>®</sup>: HONEYHOLE SANDWICHES for Restaurant Services Confusable with HONEY HOLE for Alcoholic Beverages, Says TTAB
The TTABlog<sup>®</sup>: Precedential No. 19: TTAB Rules that Evidence From A Website No Longer Active Is Not Probative
The TTABlog<sup>®</sup>: Ted Davis: 2018 Annual Review of Trademark Cases
The TTABlog<sup>®</sup>: Despite Phony Specimen of Use, TTAB Finds No Fraud, Dismisses COPPER 88 Opposition
The TTABlog<sup>®</sup>: Finding Distilled Spirits Related to Wine, TTAB Sustains 2(d) Opposition to BEAR CREEK DISTILLERY
The TTABlog<sup>®</sup>: TTAB Denies Motion to Add Bogus Fraud Claim to Petition for Cancellation
The TTABlog<sup>®</sup>: Precedential No. 14: TTAB Rules that a Phrase May Have Acquired Distinctiveness Even Though It Contains a Generic Term
The TTABlog<sup>®</sup>: TTAB Affirms Section 2(a) Deceptiveness Refusal of P6 CHROME for Nutritional Supplements
The TTABlog<sup>®</sup>: Precedential No. 13: TTAB Denies Motion to Strike Pre-Trial Disclosures of Authenticating Witnesses