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Section 2(a) - False Suggestion of a Connection
Section 2(d) - Likelihood of Confusion:
- TTABlog Test: Are These Two "MW" Design Marks Confusingly Similar for Metal Fabrication Services?
- Pro Se Intent-to-Use Applicant Wins TTAB Priority Battle in Section 2(d) Opposition to DRIPHOUSE CLOTHING & Design
- TTABlog Test: Are Water-Based Nonalcoholic Beverages Related to Beer for Likelihood-of-Confusion Purposes? [Yes]
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- Pro Se Applicant Bests Monster Energy in Section 2(d) and Dilution TTAB Battle
- TTABlog Test: Are "LE CHOCOLAT DES ILES" and "ISLAND CHOCOLATES" Confusable for Chocolate Candy? [Yes]
- TTABlog Test: Are Supplements and Cosmetics Related for Section 2(d) Purposes? [Yes]
- TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
- Viacom Wins "DOUBLE DARE" Section 2(d) TTAB Battle, Survives Abandonment Attack
- TTABlog Test: How Did These Three Recent Section 2(d) Proceedings Come Out?
- TTABlog Test: How Did These Four Section 2(d) Appeals Turn Out?
- TTABlog Test: How Did These Four Section 2(d) Appeals Turn Out?
- TTABlog Test: Are Candy (Class 30) and Liquor (Class 33) Related Under Section 2(d)? [Yes]
- TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
- TTABlog Test: How Did These Four Section 2(d) Appeals Turn Out?
- TTABlog Test: Is ROMA PIZZA for Restaurant Services Confusable with ROMA for Frozen Pizza? [No]
- TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
- TTABlog Test: How Did These Four Section 2(d) Appeals Turn Out?
- Additional "GARANIMALS" Evidence Yields District Court Reversal Of TTAB's "MANIMAL" Opposition Dismissal
- TTABlog Test: Is "CRC BAKERY" Confusable with the "CRC" Kosher Certification Mark, Both for Food Products?
- TTABlog Test: Is SCOOPERFEST Confusable With SCOOPER BOWL for Ice Cream Festivals?
- TTABlog Test: Is PISSTERINE Confusable with LISTERINE for Mouthwash?
- TTABlog Test: Is FLOREO (Spanish) Confusable With FLOURISH HOMES & Design for Real Estate Services?
- In 2021, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register?
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- TTAB Sustains Section 2(d) Opposition to ALZHEIMER'S NEW JERSEY WALK TO FIGHT ALZHEIMER'S & Design for Charitable Fundraising
Section 2(e)(1) - Mere Descriptiveness:
- TTABlog Test: Which of These Three Disclaimer Requirements Was/Were Reversed?
- TTAB Finds LUKUMADES (Stylized) Merely Descriptive of Donuts and Food Services, But Not Jams and Jellies
- In 2021, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness Refusals?
Section 2(e)(4) - Primarily Merely a Surname:
- TTABlog Test: Is "LUCKENBACH" Primarily Merely a Surname for Whiskey? [No]
- Precedential No. 5: TTABlog Test - Is ATWELL SUITES Primarily Merely a Surname for Hotel Services? [Yes]
Section 2(e)(5) - Functionality:
- TTAB Affirms Section 2(e)(5) Functionality Refusal of Serrated Knife Blade
- Precedential No. 4: TTAB Finds Pastel Colors for Disposable Pipette Tips Both Nondistinctive and Functional
Section 2(f) - Acquired Distinctiveness:
- Precedential No. 4: TTAB Finds Pastel Colors for Disposable Pipette Tips Both Nondistinctive and Functional
- TTAB Affirms Refusal to Register Handbag Shape: Generic and (Alternatively) Lacking Acquired Distinctiveness
Abandonment:
Dilution-by-blurring:
Failure-to-Function:
- Precedential No. 6: Title of Single Work "STRONGHOLDS & FOLLOWERS" Fails to Function as a Trademark, Says TTAB
- "MADE FOR YOU LAB-GROWN DIAMONDS" Fails to Function as a Trademark For Diamonds, Says TTAB
- "GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB
Genericness:
- TTAB Affirms Refusal to Register Handbag Shape: Generic and (Alternatively) Lacking Acquired Distinctiveness
- E.D. Va. District Court Upholds TTAB Decision Finding "GRUYERE" Generic for Cheese
Nonuse/Unlawful Use/Specimen of Use:
- TTABlog Test: Is this MUTILATION? USPTO Says "THE VILLE" Specimen of Use Did not Match the Application Drawing
- TTAB Affirms Refusal of "WEGE": Specimens Fail to Show Use of Mark for Beer
- TTAB Affirms Unlawful Use Refusal of "PUREXXXCBD" for Plant Extracts and Supplements Containing CBD
- TTAB Affirms "Unlawful Use" Refusal of HARBOR HEMP COMPANY for Supplements "Containing Legally Produced Industrial Hemp Extract"
Procedural Issues/Discovery:
- Precedential No. 7: TTAB Sanctions Party for Flagrant Violation of the Standard Protective Order
- TTAB Default Judgment Has No Collateral Estoppel Effect, Says E.D. California District Court
- Precedential No. 3: TTAB Grants Motion to Supplement Notice of Opposition to Add Post-Filing Trademark Applications
- Precedential No. 2: TTAB Rejects Summary Judgment Motion Filed Three Days Too Late
Recommended Reading:
- Recommended Reading: "Navigating the Identity Thicket: Trademark's Lost Theory of Theory of Personality, The Right of Publicity, and Preemption"
- Recommended Reading: Prof. Robert A. Mikos, "Unauthorized and Unwise: The Lawful Use Requirement in Trademark Law"
- The Trademark Reporter's 2022 "Annual Review of U.S. Trademark Cases"
- USPTO 2021 Performance and Accountability Report
- Anne Gilson LaLonde Agrees with Professor McCarthy's Criticism of CAFC's Brooklyn Brewery Decision and Adds Her Own
- Professor McCarthy Criticizes CAFC's Stance on Article III Standing in Brooklyn Brewery Case
CAFC Rulings:
- CAFC Upholds TTAB: TEEN TINKER BELL Confusable With Disney's TINKER BELL for Dolls
- CAFC Deems Section 2(c) Unconstitional As-Applied in "TRUMP TOO SMALL" Refusal to Register
- CAFC Affirms TTAB: ETHIK CLOTHING CO. & Design Confusable With ETHIKA for Clothing
- CAFC Affirms TTAB: ".SUCKS" (Stylized) Fails to Function as a Source Indicator for Domain Registry Operator Services
- CAFC Denies Rehearing, Slightly Modifies Brooklyn Brewery Opinion; Professor McCarthy Not Impressed
Other:
- TTAB Posts March 2022 (Video) Hearing Schedule
- TTAB Posts February 2022 (Video) Final Hearing Schedule
- The Top Ten TTAB Decisions of 2021 (Part II)
- The Top Ten TTAB Decisions of 2021 (Part I)
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