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TTA Blog 06/04/2020 05:58
I've been making these. TTABlog. Tests too easy lately. This time I'm not giving any hints. Here are three recent decisions in appeals from Section 2(d) refusals. How do you think these came out? [Answers in first comment]. , Serial No. 88102714 (May 28, 2020) [not precedential] (Opinion by Judge George C. Pologeorgis) [Section 2(d) refusal of the mark shown below, for "“Baguettes; Bread; Bread rolls; Breadcrumbs; Buns; Cake batter; Cake doughs; Cake mixes; Cakes; Crushed oats; Dough; Food starch; Pancakes; Processed cereals; Tarts; Unleavened bread in thin sheets; Waffles; Wheat flour; Wheat germ for human consumption; Yeast; Biscuits; Cookies,” in view of the registered mark BREAD FOR EVERYONE for "bread" [BREAD disclaimed]]. , Serial No. 8.
TTA Blog 06/03/2020 06:39
The USPTO refused registration of the mark MONSALVAT FARM (in standard character and design form) for honey, maple syrup, beeswax, and alpaca hair, because applicant refused to disclaim the word FARM. Applicant argued that FARM is too ambiguous to convey any immediate information about an ingredient, quality, or characteristic of the goods. Furthermore MONSALVAT FARM is incongruous and unitary, Monsalvat being a fictional magical castle while "farm" being more mundane. How do you think this came out? , Serial Nos. 88073251, 88073254, 88075987, and 88075991 (May 29, 2020) [not precedential] (Opinion by Judge David K.Heasley). Examining Attorney Kevin G. Crennan maintained that FARM merely describes the provider of the goods and is therefore
TTA Blog 06/01/2020 05:29
The Trademark Trial and Appeal Board (Tee-Tee-Ā-BEE) has scheduled nine (9) oral hearings for the month of June 2020. All of the hearings will be held via video conference. Briefs and other papers for each case may be found at via the links provided. June 4, 2020 - 11 AM: , Serial No. 87870907 [Section 2(d) refusal of the mark JWB JUSTICE WITHOUT BORDERS & Design , shown below, for "providing legal advice, legal support services, and litigation services in support of migrant workers in the fields of labor exploitation and human trafficking, not including services associated with international humanitarian relief projects or providing medical or health care assistance to victims of disasters and/or conflicts in underdeveloped countries," in
TTA Blog 05/29/2020 07:53
Here are three ex parte appeals decided yesterday by the Board: a Section 2(d) likelihood of confusion case, a Section 2(e)(1) mere descriptiveness refusal, and a Section 2(e)(4) surname ruling. How do you think they came out? [Answers in first comment]. , Serial No. 87869354 (May 28, 2020) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusal of the mark DROP for various clothing items "excluding gloves and not specifically for skiing or snowboarding," in view of the identical mark registered for "glovesfor use in skiing and snowboarding." Applicant argues that ski and snowboard glove consumers are "sophisticated" and "very particular" about their purchases.]. , Serial No. 88013497 (May 28, 2020) [not precedential]
TTA Blog 05/28/2020 07:45
In a rare case involving a geographic certification mark (sometimes called a certification mark of regional origin), the Board affirmed a Section 2(d) refusal of the mark REAL MICHIGAN for hard cider (MICHIGAN disclaimed), finding it likely to cause confusion with the two registered geographic certification marks shown below, for apples.
TTA Blog 05/27/2020 06:44
Nokia saw no jokia when Somasundaram Ramkumar applied to register the mark JIOKIA for electronic mail and other online services. Claiming that its mark NOKIA is famous, Nokia opposed on the ground of likelihood of confusion and likelihood of dilution by blurring. The Board decided only the Section 2(d) issue. How do you think this came out? r , Opposition No. 91238114 (May 22, 2020) [not precedential] (Opinion by Judge Michael B. Adlin). Nokis is one of the world’s leading providers of telecommunications products and services. Applicant Ramkumar is an individual who has filed a number of applications to register telecommunications and Internet-related marks in the United States.He also has applied to register other marks associated with Opp.
TTA Blog 05/22/2020 06:23
I think I've been making these. TTABlog. Tests too easy. I'm not giving any hints on this one. Here are three recent decisions in appeals from Section 2(d) refusals. How do you think these came out? [Answers in first comment]. , Serial Nos. 87930506 and 87930522(May 19, 2020) [not precedential] (Opinion by Judge David K. Heasley) [Section 2(d) refusals of LUMABASE and LUMABASE PERFORMANCE COATINGS for, inter alia , degreasing and cleaning solvents, paint and paint thinners, automotive paints and protective coatings, alcohol for cleaning purposes, and automotive cleaning preparations [PERFORMANCE COATINGS disclaimed], in view of the registered marks ILLUMIBASE for "Refinish coating compositions in the nature of tint bases and tint bases sold a.
TTA Blog 05/21/2020 06:55
The Board denied petitioner's claims of abandonment and fraud aimed at a registration for the mark DEVIL'S CANYON VINEYARD for wine. Petitioner Brew4U claimed that Respondent Icon Design never sold any wine under the mark and did not obtain a COLA certificate from the Alcohol and Tobacco Tax and Trade Bureau (TTB). Respondent asserted that it used the trademark for bottles of wine shipped to its customers to promote its brand development business. , Cancellation No. 92067639 (May 18, 2020) [not precedential] (Opinion by Judge Linda A. Kuczma). Respondent Icon Design, based in Napa, California, provides label and packaging design and other brand creation services to clients in the wine industry. It is not a winery or a seller or re-seller of.
TTA Blog 05/20/2020 06:51
The USPTO refused registration of the mark DARBYSHIRE for audio books, fictional works, and digital on-demand printing services, deeming the mark to be primarily merely a surname under Section 2(e)(4). The Examining Attorney relied on LexisNexis records showing that 537 persons in the USA have that surname. Applicant contended that the surname is "extremely rare." How do you think this came out? , Serial No. 88106129 (May 18, 2020) [not precedential] (Opinion by Judge Mark Lebow). The Board found that DARBYSHIRE is a rare surname, but it observed once again that even a rare surname is not registrable if "the relevant purchasing public for Applicant's [goods and] services is more likely to perceive Applicant's proposed mark as a surname rath.
TTA Blog 05/18/2020 06:51
Some ten years ago, a TTAB judge said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. Here are three recent decisions in appeals from Section 2(d) refusals. How do you think these came out? [Answers in first comment]. , Serial No. 86556581 (May 14, 2020) [not precedential] (Opinion by Judge Karen Kuhlke). [Section 2(d) refusal of HYPERLOOP for "Providing transportation services and a transportation system, namely, transport of passengers in low friction tubes," in view of the identical mark registered for “transportation services, namely, high-speed transportation of goods in tubes"]. , Serial No. 88035215 (March 12, 2020) [not precedential] (Opinion by Ju.
TTA Blog 05/15/2020 07:17
The Board denied a petition to cancel the mark shown below for various clothing items because Petitioner Dr. Martens failed to prove its standing. Petitioner claimed, inter alia , likelihood of confusion with its registered mark DM'S for footwear, relying on various documents by way of notice of reliance, including a copy of its website and a Wikipedia entry describing petitioner. It attached a photocopy of its registration to the petition for cancellation. The Board found, however, that these documents did not support petitioner's claim of standing. , Cancellation No. 92067439 (May 12, 2020) [not precedential] (Opinion by Judge Marc A. Bergsman). Petitioner Dr. Martens contended that "[a]s the owner of The DM’S Mark, Petitioner unquestiona.
TTA Blog 05/14/2020 07:42
J.C. Newman opposed an application to register the mark GOLD CROWN for cigars, cigar boxes, and the like, claiming a likelihood of confusion with its registered mark DIAMOND CROWN for cigars and various smoking articles. The goods are identical or closely related, but what about the marks? Opposer claimed the DIAMOND CROWN is "renowned," whereas Applicant Fairmont Holdings Media maintained that "CROWN" is a weak formative due to substantial third-party use. How do you think this came out? , Opposition No. 91239345 (May 12, 2020) [not precedential] (Opinion by Judge Frances Wolfson). Applicant submitted 13 third-party registrations for marks including the word CROWN or CORONA for cigars: BLACK CROWN, UNDERCROWN, SHROUDED CROWN, ZINO PLATINUM.
TTA Blog 05/13/2020 07:39
The USPTO refused to register the mark LORD LION WINERY , in standard character form, for "wine" [WINERY disclaimed] on the ground of likelihood of confusion with the registered mark LORD LYON for "beer." Applicant argued that "lion" and "Lyon" have different meanings and are distinguishable, and it pointed to various data and evidence in maintaining that "it is unusual for wine and beer to be produced by the same source under the same mark," How do you thing this came out? , Serial No. 87808799 (April 11, 2020) [not precedential] (Opinion by Judge Michael B. Adlin). The Marks: The Board observed that the marks are almost identical in sound because LORD LION and LORD LYON would be pronounced the same. The disclaimed word WINERY in applicant.
TTA Blog 05/12/2020 07:18
The TTAB sustained this opposition to registration of the proposed mark JUST DREW IT ! for athletic apparel, finding a likelihood of confusion with, and likely dilution of, Nike's famous mark JUST DO IT for clothing, footwear, bags, and a variety of ancillary products. Pro se Applicants Jamin Caldwell and Courtney Miles submitted no testimony or evidence. Let's face, they never stood a chance. , Opposition No. 91240394 (April 28, 2020) [not precedential] (Opinion by Judge Albert Zervas). Fame: The applicants admitted that Nike's JUST DO IT mark is famous within the meaning of Lanham Act Section 43(a), the dilution provision. Admission of dilution fame also means that the JUST DO IT mark is strong and famous for likelihood-of-confusion purpo.
TTA Blog 05/11/2020 07:01
Blue Nile, Inc. opposed an application to register the mark shown below left, claiming a likelihood of confusion with its registered mark shown below right, both marks for jewelry. Applicant Brent Neale LLC described its mark as the stylized letter "B" and "N" superimposed. Opposer Blue Nile's registration did not include a description of the mark. Blue Nile contended that its mark is famous and that the letter "B" is prominently featured and eye-catching in both marks. How do you think this came out? , Opposition No. 91239053 (May 7, 2020) [not precedential] (Opinion by Judge Marc A. Bergsman). Since the involved goods are the same the Board must presume that they travel through the same channels of trade to the same classes of purchasers.
TTA Blog 05/08/2020 07:10
In a hard fought TTABattle, the Board affirmed a refusal to register CARDLESS CASH as a trademark for ATM software and services, on the ground of genericness. For the sake of completeness, the Board also considered and rejected Applicant Fidelity's claim of acquired distinctiveness under Section 2(f), finding that Fidelity's use of the term had not been substantially exclusive. , Application Serial No. 87006159 (May 6, 2020) [not precedential] (Opinion By Judge Marc A. Bergsman). Genericness: The USPTO has the burden to prove genericness by clear evidence. "The critical issue in genericness cases is whether members of the relevant public primarily use or understand the term … to refer to the genus of goods or services in question." The rele.

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