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Section 2(a) - Deceptiveness:
Section 2(a) - False Connection: Section 2(c) Consent to Register:
Section 2(d) - Likelihood of Confusion:
- FOUNDATIONAL MEDICINE REVIEW Confusable With FOUNDATION MEDICINE for Medical Publications, Says TTAB
- TTABlog Test: Is GNARLED ORCHARD for Hard Cider Confusable With GNARLY HEAD for Wine? [Yes]
- TTABlog Test: Is "MF MIRANDA FRYE & Design" Confusable with "FRYE" for Jewelry? [Yes]
- TTABlog Test: Is HERITAGE SOUTHEAST BANK Confusable With SOUTHEAST BANK (Stylized), for Banking Services?
- TTAB Finds BROTHERS CRAFT BREWING for Beer Confusable with BROTHERS for Bar and Restaurant Services
- TTABlog Test: Is CLINCH PICK for Knives Confusable with CLINCH DRIVE for Wrenches?[No]
- Lego's BRICKHEADZ Applications Run Into TTABrick Wall
- TTABlog Test: Try Your Luck on these Three Recent Section 2(d) Appeals
- TTABlog Test: Is SALTY BULL BREWING Confusable With TORO SALAO for Restaurant Services?
- TTABlog Test: How Did these Three Section 2(d) Appeals Come Out?
- TTABlog Test: How Did these Three Section 2(d) Appeals Come Out?
- TTAB Affirms Two Refusals of BOCCA DOLCE for Chocolate Confections: Disclaimer Requirement and Likelihood of Confusion
- TTABlog Test: Which of these Section 2(d) Refusals Was/Were Reversed?
- TTABlog Test: Is CHRONICLE for Beer Confusable With CHRONICLE for Restaurant Services?[No]
- TTAB FInds "THE TOKING DEAD" Confusable with "THE WALKING DEAD" For Clothing and Ancillary Goods
- JEAN LEON'S LA SCALA for Restaurant Services Confusable With JEAN LEON for Wine, Says TTAB
- TTAB Dismisses Opposition to SKY CINEMAS: Not Confusable with SKY NEWS for News Reporting Services
- TTABlog Test: Which of These Section 2(d) Refusals Was/Were Reversed?
- Beyoncé's BLUE IVY CARTER Trademark Application Survives TTAB Opposition
- TTABlog Test: Is TEQUILUSA for Alcoholic Beverages Confusable with the TEQUILA Certification Mark? [Yes]
- TTABlog Test: Which of these Section 2(d) Refusals Was/Were Reversed?
- TTABlog Test: Is NUB GLOVE Merely Descriptive of Bowling Gloves, Balls, and Hole-Drilling Services?
- TTAB Affirms Two Refusals of BOCCA DOLCE for Chocolate Confections: Disclaimer Requirement and Likelihood of Confusion
- TTABlog Test: How Did These Three Appeals from 2(e)(1) Mere Descriptiveness Refusals Turn Out?
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Come Out?
Section 2(f) - Acquired Distinctiveness:
- "DOOR-IN-DOOR" Lacks Acquired Distinctiveness for Electric Refrigerators, Says TTAB
- Precedential No. 26: TTAB Rejects 2(f) Acquired Distinctiveness Claim for GUARANTEED RATE for Mortgage Lending Services
Genericness:
- TTAB Finds "TRIPLE CLEANED CORN" Generic for . . . . Guess What?
- Precedential No. 30: TTAB Finds "GRUYERE" to be Generic for ... Guess What?
- TTABLOG TEST: Is D'AVOCADO Generic for Avocado-Based Chocolate Products?
- Ruling That "generic.com" Terms May Be Registrable, Supreme Court Affirms Fourth Circuit BOOKING.COM Judgment
- Rejecting Attack on USPTO's "Legal Use" Requirement, TTAB Upholds Refusal to Register NATURAL LEAF CBD for Supplements
- Three Recent Affirmances in Unacceptable Specimens of Use Cases
- Precedential No. 34: TTAB Rules That gTLD ".CAM" is Incapable of Functioning as a Source Indicator
- "THE NEXT MOVE IS YOURS" Fails to Function as a Service Mark for Real Estate Services, Says TTAB
- BORN IN THE USA Fails to Function as a Trademark for Clothing, Says TTAB
- RIBBONS OF HOPE Fails to Function as a Trademark for Pasta, Says TTAB
Discovery/Evidence/Procedure:
- Precedential No. 33: TTAB Explains Safer Rule for Internet Evidence
- Precedential No. 32: TTAB Strikes Untimely Supplemental Expert Report
- Precedential No. 28: TTAB Rejects Amendment to Goods First Made in Applicant's Appeal Brief
- Precedential No.27: TTAB Grants FRCP 56(d) Motion for Discovery to Avoid Summary Judgment Ambush
Concurrent Use:
CAFC Decisions:- CAFC Affirms TTAB Entry of Judgment As Sanction for Failure to Comply with Discovery Orders
- CAFC Dismisses Royal Crown's Appeal in ZERO Oppositions Based On Coke's Disclaimer of ZERO
- Divided CAFC Panel Reverses TTAB: NAKED Condom Petitioner Has Standing Despite Contractual Estoppel
- CAFC Remands COOKINPELLETS.COM Case to TTAB in Light of BOOKING. COM decision
Supreme Court Decisions:
- Supreme Court Sends BOOKING.COM Attorney's Fees Ruling Back to Fourth Circuit In View of Peter v. Nantkwest
- Ruling That "generic.com" Terms May Be Registrable, Supreme Court Affirms Fourth Circuit BOOKING.COM Judgment
- Recommended Reading: Prof. Christine Farley, "The Lost Unfair Competition Law"
- Recommended Reading: "A Tale of Two Cups: Acquired Distinctiveness and Survey Evidence Before the TTAB"
- Prof. Lisa Ramsey, "Using Failure to Function Doctrine to Protect Free Speech and Competition in Trademark Law"
Other:
- Decisions of the TTAB and the CAFC on Registrability Issues July 2019 to August 2020
- TTAB Posts September 2020 (Video) Hearing Schedule
- TTAB Posts August 2020 (Video?) Hearing Schedule
- TTAB Posts July 2020 (Video) Hearing Schedule
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.
