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Section 2(a) - False Association:
Section 2(d) - Likelihood of Confusion:
- TTAB Finds Two KR Design Marks For Cosmetics Confusingly Similar
- IMAGINELABORATORIES.COM Confusable With IMAGINATION LABS For Telecommunication Consulting Services, Says TTAB
- TTAB Denies RESET Cancellation Petition Due to Failure to Show Relatedness of Opiod Treatment Software and Medical Sensors
- Precedential No. 16: TTAB Unsurprisingly Finds "NATURE MADE" Confusable With "MADE IN NATURE" for Fruit and Snack Products
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- TTABlog Test Is "YOU'RE AN IDIOT" for Card Games Confusable With "YOU MUST BE AN IDIOT" for Board Games? [Yes]
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- Precedential No. 14: TTAB Allows Amendment to Applicant's Goods, Dismisses 2(d) Opposition to LUX ENHANCER
- TTABlog Test: Are Table Lamps and Lighting Fixtures Related for Section 2(d) Purposes? [Yes]
- TTAB Affirms "EVERLAST" Refusal on Res Judicata and Section 2(d) Grounds
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- In Light of Third-Party Use of "CLOVER," TTAB Reverses Two Section 2(d) Refusals of CLOVER CLUB Marks For Restaurant Services, But Affirms Two
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- Is "Make Shift Happen" (Stylized) Confusable With "Shift Happens!" (Stylized) for T-Shirts?
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- TTABlog Test: Is "NOJOKE" for E-Cigarette Products Confusable with "JOKER" for Cigarette Paper?
- Despite Strength of Kate Spade Marks, TTAB Dismisses Opposition to "WOLV & Spade Logo" for Watches
- TTABlog Test: Are Flavored Ices and Cupcakes Related for Section 2(d) Purposes? Are These Marks Confusingly Similar? [Yes]
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- TTABlog Test: Are Distilled Spirits and Lottery Services Related for Section 2(d) Purposes?
- Third-Party Use Evidence Falls Short: TTAB Affirms Section 2(d) Refusal of PROOF for "Restaurant services namely Pizza"
- TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- TTABlog Test: Are These Two "MLG" Marks Confusable for Legal Services?
- Precedential No. 11: TTAB Dismisses SKËNDERBEU Brandy Opposition for Failure to Prove Priority and Fraud
- Precedential No. 9: TTAB Overturns RAINCOAST DIP Section 2(d) Refusal in Light of Coexistence Agreement Pooh-poohed by USPTO
Section 2(e)(1) - Deceptive Misdescriptiveness
- TTABlog Test: Is "EZ INSTALL SLEEVE" Merely Descriptive of Pipe Fittings? [Yes]
- TTABlog Test: Is AUBURN Deceptively Misdescriptive of Faucets? [No]
Section 2(e)(1) - Mere Descriptiveness:
- TTABlog Test: Is "GOLDN PAYDIRT" Merely Descriptive of Gold and Other Precious Metals? [Yes]
- TTABlog Test: Is "DIGITAL VISUAL OBSERVER" Merely Descriptive of Drone Managing and Tracking Software? [Yes]
- TTAB Deems "DIRECT DIVINE LIGHT HEALING" Generic for and Merely Descriptive of Educational Services in the Field of Spiritual Healing
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
Section 2(e)(4) - Primarily Merely a Surname:
- TTAB Dismisses Opposition to "CREEL" for Legal Services: Acquired Distinctiveness Overcomes Section 2(e)(4) Surname Claim
- TTAB Affirms Section 2(e)(4) Surname Refusal of VESS for Educational Services
Failure-to-Function:
- "EVERYBODY VS RACISM" Fails to Function as a Source Indicator for Bags, Clothing, and Public Interest Services, Says TTAB
- "DESIGNED, SOURCED AND BUILT IN THE USA" Fails to Function as a Trademark for Industrial Chemicals, Says TTAB
Fraud:
- Rejecting Abandonment and Fraud Claims, TTAB Denies Petition for Cancellation of "POLICE GAZETTE" Logo
- Precedential No. 11: TTAB Dismisses SKËNDERBEU Brandy Opposition for Failure to Prove Priority and Fraud
Genericness:
- TTAB Reverses Genericness Refusal of "MULLET" for Bicycles Due to Mixed Evidentiary Record
- USPTO Examination Guide 1-22: "Clarification of Examination Evidentiary Standard for Marks Refused as Generic"
- TTAB Deems "DIRECT DIVINE LIGHT HEALING" Generic for and Merely Descriptive of Educational Services in the Field of Spiritual Healing
- Precedential No. 10: TTAB Affirms Refusal to Register Handbag Shape: Generic and (Alternatively) Lacking Acquired Distinctiveness
Disclaimer Practice:
Specimens of Use/Nonuse/Non Ownership:
- TTAB Affirms FLIPPABLE FIRMNESS Refusal: Specimens Do Not Show Use With Retail Store Services
- Precedential No. 15: TTAB Dismisses Opposition to Section 66(a) Application: Nonownership Claim Unavailable
- TTAB Upholds Rejection of Specimens for "IT'S ABOUT THE FABRICS" for Performance Fabrics
- TTAB Affirms Refusal of "PVPW" for Delivery of Bottled Water, Due to Unacceptable Specimens of Use
Procedural Issues/Discovery:
- TTAB Affirms "EVERLAST" Refusal on Res Judicata and Section 2(d) Grounds
- TTAB Dismisses "PAWTY PACK" Opposition Due to Failure to Establish Entitlement to a Statutory Cause of Action (f/k/a "Standing")
- Precedential No. 12: TTAB Delivers Up a Nothingburger to Applicant Seeking to Strike Testimony and Evidence
- Precedential No. 8: TTAB Upholds Refusal Based on Applicant's Noncompliance with Domicile Address Requirement
CAFC Decisions:
- Attorney Argument Isn't Evidence: CAFC Affirms TTAB's "PARMA COFFEE" Decision
- CAFC Affirms TTAB' s LEHMAN BROTHERS Ruling of No Abandonment and Likelihood of Confusion
Recommended Reading:
Other:
- Former Red Sox Nemesis Bucky Dent Applies to Register "BUCKY F'ING DENT" for Entertainment Services
- TTAB Posts July 2022 (Video) Hearing Schedule
- Twitter Poll Results: "After attending the INTA Annual Meeting in DC, did you test positive for Covid?"
- TTAB Considers Pilot Pretrial Conference Program
- Infringement Plaintiff May Rely on Priority Date of Madrid Protocol Extension of Protection to Establish Priority
- TTAB Posts May 2022 (Video) Hearing Schedule
- TTAB Posts April 2022 (Video) Hearing Schedule
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