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Section 2(a) - Scandalous:
Section 2(d) - Likelihood of Confusion:
- TTAB Test: How Did These Three Section 2(d) Appeals Turn Out?
- TTAB Test: Is HUSKY for Beer Confusable with HUSKY for Vodka?
- TTAB Test: Is TACOLAND for Music Concerts Confusable With TACO TIERRA & Design for Restaurant Services?
- TTAB Test: Is "LUNACYCLE" for Electric Bicycles Confusable with "LUNA & Design" for Women's Bicycle Clothing and Accessories?
- TTAB Test: Which One of These Three Section 2(d) Refusals Was Reversed?
- PHILLIP GAVRIEL for Jewelry Fails to Prove Priority Over and Likelihood of Confusion With MANSUR GAVRIEL for Handbags, Says TTAB
- TTAB Finds BOYY Merely Descriptive and Confusable with BOY, Both for Clothing
- TTAB Test: Are these Two Word + Design Marks Confusable for Food Kits and Delivery Services?
- WYHA? TTAB finds AMERICA'S HOMETOWN PIZZA PLACE Confusable with HOMETOWN PIZZA for Restaurant Services
- ASKBOT for Collaboration Software Not Confusable with ASK for Search Engine Services, Says TTAB
- Invoking 13th duPont Factor, TTAB Reverses 2(d) Refusal of LA CHULA & Design over CHULA BRAND for Fruit Products
- Precedential No. 28: TTAB Test - Is I'M SMOKING HOT Confusable With SMOKIN' HOT SHOW TIME for Cosmetics?
- TTAB Reverses 2(d) Refusal of SQUEEZE JUICE COMPANY In View Of 12 Third-Party SQUEEZE Registrations
- Precedential No. 27: TTAB Affirms 2(d) Refusal of #WILLPOWER - Hashtag Has No Trademark Significance
- WYHA? COLORGANICS for Hair Care Products Confusable With KOLORGANICS for Cosmetics, Says TTAB
- WYHA? TTAB Finds "OPTIMUM BENEFITS PACKAGE" Confusable With "OPTIMUM" for Insurance Underwriting Services
- WYHA? TTAB Finds FREESTYLE for Comforters Confusable With FREESTYLE for Pillows
- WYHA? LEGION OF GOOD WILL Confusable with GOODWILL for Charitable Services, Say TTAB
- Finding PILLOW PODS Confusable With PILLOW PAWS for Socks, TTAB Grants Cancellation Petition, Dismisses Section 18 Counterclaim
- TTAB Finds MASTERMIND for Beer Confusable with MASTERMIND VODKA for Spirits
- Univ. of Oklahoma Fails to Score in Opposition to "OUcare" for Medical Apparatus
- Opposer Proves Priority by Use Analogous to Trademark Use and by Shipment of Two Samples
- TTAB Test: Is "TAMAL TAMAYO" for Tamales Confusable with "TAMAYO" for Restaurant Services?
- Precedential No. 25: "I LOVE YOU" Fails to Function as a Trademark for Bracelets AND is Confusable with "I LUV U" for Jewelry, Says TTAB
- Finding the JACKSON 5 Trademark Famous, TTAB Tosses Out Siggy's J5 Registration and Application
- "12TH MAN HANDS" for Handmade Soap Confusable With Texas A&M'S "12TH MAN" for Towels, Says TTAB
- TTAB Grant MLB's Section 2(d) Petition for Cancellation of Registration for MAJOR LEAGUE ZOMBIE HUNTER & Design for Clothing
- "CODE" Confusable With "CODE2040" for Educational Services, Says TTAB
- TTAB Test: Are Fruit-Based Beverages Related to Nutritional Supplements? [Yes]
- Finding GUCCI Marks Exceedingly Famous, TTAB Sustains Opposition to UBERTO GUCCI Marks for E-Cigarettes
- Finding Clothing Related to Athletic Training Services, TTAB Affirms 2(d) Refusal of MAVA
Section 2(e)(1) - Mere Descriptiveness:
- TTAB Test: Is "PURSE SIZED" Merely Descriptive of Tampons?
- TTAB Test: Is "BIRTHPLACE OF THE AMERICAN BIKER" Merely Descriptive of Clothing?
- TTAB Test: Is THE HALAL SHACK Merely Descriptive of Restaurant Services?
- WYHA? LYNKD Merely Descriptive of Security Devices Controllable by Mobile Phone, Says TTAB
- "COPPER 88" Merely Descriptive of Clothing Made of Fabric Containing Copper, Says TTAB
- BUYER ENGINE Merely Descriptive of Real Estate Marketing Services, Says TTAB
Section 2(e)(2) - Primarily Geographically Descriptive:
- TTAB Test: Is EAST END Geographically Descriptive of a Houston Applicant's Alcoholic Beverages? [No]
Section 2(e)(5) - Functionality:
- On Summary Judgment, TTAB Orders Cancellation of 3-Concentric-Loop Wastewater Ditch Registration on Functionality Ground
- Bullet-Shaped Antenna Not Aesthetically Functional, But Lacks Acquired Distinctiveness, Says TTAB
Section 2(f) - Acquired Distinctiveness:
Abandonment:
- Finding No Abandonment Despite 6 Years of Nonuse, TTAB Dismisses NEW MAN Cancellation Petitions
- Applicant's Renunciation of Underlying International Registration Results in Judgment for Opposer
Color Marks:
Genericness:
Nonuse/Specimen of Use/Failure to Function:
- TTAB Test: Does the Drawing of this Stylized "M" Mark Match the Specimen of Use?
- TTAB Affirms Refusals of SOUTHFACE VILLAGE for Building Construction Services: Specimens Fail to Show Use by Applicant
- Precedential No. 25: "I LOVE YOU" Fails to Function as a Trademark for Bracelets AND is Confusable with "I LUV U" for Jewelry, Says TTAB
- TTAB Affirms Refusal to Register EARTHBORN REBORN for Pet Food Due to Faulty Specimens of Use
Phantom Mark:
Ownership:
- TTAB Orders Cancellation of KLIQUE CAR CLUB Registration Due to Non-Ownership
- Precedential No. 23: TTAB Sidesteps Court Order to Transfer Pending Application, Provides Alternatives
Discovery/Evidence/Procedure::
- Precedential No. 30: Rejecting Opposer's Over-Counting of Interrogatories, TTAB Grants Motion to Compel Responses
- Precedential No. 40 (2017): TTAB Strikes Evidence of Common Law Rights Not Listed By Madrid Opposer On ESTTA Cover Sheet
- Applicant's Renunciation of Underlying International Registration Results in Judgment for Opposer
- Precedential No. 24: Finding Good Cause (Puerto Rico Hurricane), TTAB Extends Discovery Period to Allow Written Discovery
- Precedential No. 23: TTAB Sidesteps Court Order to Transfer Pending Application, Provides Alternatives
- Precedential No. 22: Failure to Plead Compulsory Counterclaim Leads to Claim Preclusion in Second Proceeding
CAFC Opinions:
- CAFC Affirms TTAB: DETROIT ATHLETIC CO. for Sports Apparel Retail Services Confusable with DETROIT ATHLETIC CLUB for Clothing
- CAFC Affirms TTAB in TAI CHI Cancellation, Giving Deference to TBMP on Evidentiary Issues
Recommended Reading:
- Decisions of the TTAB and the CAFC on Registrability Issues July 2017 to August 2018
- Trademark Reporter Commentary: Raustiala and Sprigman, "Rethinking Post-Sale Confusion"
Other:
- TTAB Posts September 2018 Hearing Schedule
- Clarification: TTAB's Consideration of Streamlined Cancellation Proceeding Continues
- TTAB Posts August 2018 Oral Hearing Schedule
- Erik Pelton Reports on the July 26, 2018 TPAC Meeting
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.
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