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TTA Blog 02/21/2020 05:58
[This guest post was authored by John L. Strand, Shareholder in the Trademark and Litigation Groups at Wolf Greenfield]. Applicant Manimal, LLC sought to register the mark MANIMAL for a wide variety of clothing, including “children’s clothing.” Opposers Garan Incorporated and Garan Services Corp. are the makers of children’s clothing and the owners of several registrations containing the mark GARANIMAL , but the Board focused its Section 2(d) analysis only on Registration No. 0954125 for the block mark GARANIMAL for “children’s shirts and pants.” After going through the DuPont factors, the Board ultimately found that the MANIMAL mark was not likely to cause confusion with GARANIMAL. In an interesting discussion, the Board also found that ap.
TTA Blog 02/20/2020 06:01
In a rare Section 2(e)(3) decision, the Board affirmed a refusal to register the proposed mark EMPORIO ITALIA for "bed sheets; pillow cases; comforters; bedspreads," finding the mark to be primarily geographically deceptively misdescriptive. Applicant argued that the mark merely suggests goods of high quality or style, and that, because of the high price of Italian bedding, only a few consumers make a connection between Italy and bedding. The Board disagreed on both counts. , Serial No. 87749455 (February 14, 2020) [not precedential] (Opinion by Judge Christen M. English). Section 2(e)(3) bars the registration of a mark that is primarily geographically deceptively misdescriptive of the identified goods or services. A mark qualifies as prima.
TTA Blog 02/18/2020 07:11
In this long-running battle over the mark CINGULAR for cell phones and related products, the Board bifurcated the issues so that it could first rule on whether opposer has standing to bring the proceeding. Applicants claimed that opposer had stopped using the mark CINGULAR when it became AT&T, but the Board found that "[o]pposer is the owner of a majority share in a company named AT&T Mobility II LLC, which in turn holds a 100% interest in New Cingular, which uses the term CINGULAR in its trade name." , Opposition No. 91218108 (February 10, 2020) [precedential] (Opinion by Judge Frances Wolfson). To establish standing, an opposer must prove that it has a “real interest” in the proceeding beyond that of a mere intermeddler, and a “reasonable.
TTA Blog 02/14/2020 06:01
Applicant CLAAS KGaA failed to harvest any registrations from its applications to register the marks shown below, for forage harvesters and combine harvesters, respectively. The proposed marks each comprise "a stylized letter ‘Y’ positioned on both lateral outer contours of the harvester cladding downstream from the vehicle cab in the longitudinal direction of the harvester." The color green is claimed as a feature of the marks. The Board agreed with Examining Attorney April L. Rademacher that the marks are merely ornamental and fail to function as trademarks for the goods. , Serial No. 87112755 Serial No. 87112787 (February 20, 2020) [not precedential] (Opinion by Judge Christopher Larkin). The Board observed that "[t] he critical inquiry
TTA Blog 02/12/2020 06:14
A TTAB Administrative Trademark Judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods or services. Here are three recent decisions in appeals from Section 2(d) refusals. One refusal was reversed? How do you think these came out? [Answers in first comment]. , Serial No. 87425197 (January 29, 2020) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of YOUR EDUCATIONAL TOUR, YOUR WAY for "Organization of travel for educational purposes; Travel agency services, namely, making reservations and bookings for transportation for students and teachers participating in educational travel tours; Travel guide and travel information s.
TTA Blog 02/11/2020 07:05
The USPTO refused registration of the proposed mark J HUTTON for “Eyewear, eyewear frames and sunglasses," finding the mark to be primarily merely a surname under Section 2(e)(4). Applicant Colors in Optics argued that the mark is not a surname but rather a reference to a specific individual due to the inclusion of the initial “J” in the mark. How do you think this appeal came out? , Serial No. 87558653 (February 7, 2020) [precedential] (Opinion by Deputy Chief Judge Mark A. Thurmon). Applicant did not challenge the evidence submitted by Examining Attorney Susan Stiglitz that HUTTON is used as a surname in the United States, and it admitted that Hutton is the surname of a person associated with Applicant, Jade Hutton. In fact, Applicant sub.
TTA Blog 02/10/2020 07:36
The Board sustained an opposition to registration of CHARLESTON HARBOR TOURS for "Arranging of travel tours and cruises; Boat transport; Conducting boat charters; Conducting power boat charters; Conducting sightseeing travel tours by boat; Conducting sightseeing travel tours for others; Travel tour conducting; Travel tour guide services; Yacht and boat charter services" on the ground that the proposed mark is primarily geographically descriptive under Section 2(e)(2).
TTA Blog 02/10/2020 07:02
The TTAB has issued a revised Standard Protective Order (). Pursuant to Trademark Rule 2.116(g), this standard protective order is automatically imposed in all Board proceedings. The Board, after discussions with stakeholders, decided not to change the Order with respect to in-house counsel: in-house counsel are still not permitted to view information designated "Confidential – For Attorneys’ Eyes Only (Trade Secret/ Commercially Sensitive).". NEW Standard Protective Order: An updated Standard Protective Order (SPO) is in place for all TTAB proceedings except those that have a stipulated protective agreement, approved by the Board, entered into the proceeding. Over the past two years, TTAB and stakeholders engaged in a discussion of possible.
TTA Blog 02/07/2020 07:03
The Board affirmed a refusal to register FIDGET CUBE on the Supplemental Register, for “stress relief exercise toys” [FIDGET disclaimed], finding the term to be “the generic name of the subgenus or subcategory of Applicant’s identified goods.” Applicant argued that it was first to use the term "fidget cube" and that other terms are available to competitors, but the overwhelming evidence established that "fidget cube" is a type of stress relief toy. , Serial No. 87157508 (February 5, 2020) [not precedential] (Opinion by Judge George C. Pologeorgis). Examining Attorney Lourdes Ayala relied on dictionary definitions of the constituent words, third-party registrations disclaiming “fidget,” and Internet product reviews, online retailer advertise.
TTA Blog 02/04/2020 05:34
The Board affirmed a Section 2(e)(2) refusal to register the mark SMITHFIELD for "meat, lard, offals," finding the mark to be primarily geographically descriptive of the goods. Applicant argued that there are other cities (other than Smithfield, Virginia) named "Smithfield," but the Board found that the renown of Smithfield, Virginia for hams ("") overwhelmed the evidence regarding other locations. , Serial No. 86793304 (January 30, 2010) [not precedential] (Opinion by Judge Marc A. Bergsman, concurring opinion by Judge Elizabeth A. Dunn). A mark is primarily geographically descriptive under Section 2(e)(2) if:. (1) The mark is the name of a place known generally to the public;. (2) The goods for which applicant seeks registration originate i.
TTA Blog 02/03/2020 06:06
In an 80-page opinion, the TTAB granted a petition for cancellation of a registration for the mark AUK AMERICAN UNIVERSITY OF KUWAIT & Design (shown immediately below) for "educational services, namely, providing courses of instruction at the college level," finding that respondent had not used the mark in commerce prior to the filing date of its underlying application.
TTA Blog 01/30/2020 09:50
Chief Judge Gerard F. Rogers has announced the addition of three interlocutory attorneys to the TTAB roster. By my count, this brings the number of "interlocs" to nineteen (19). I listed the 16 other attorneys in the. TTABlog. post . Ashley Hayes has been a Trademark Examining Attorney for the last three years. Before that, she practiced for 17 years at the Syracuse law firm of Hancock Estabrook, LLP, where she was a partner in the litigation and intellectual property departments. Katie Bukrinsky practiced in trademark litigation for nearly ten years with McDermott Will & Emery. Adjunct Professor of Law at the George Washington University Law School teaching legal writing to upper level George Washington Law Review students. Jennifer Elgin wa.
TTA Blog 01/30/2020 05:51
Yours truly, the. TTABlogger. , has once again reviewed the TTAB's page in an attempt to estimate the percentage of Section 2(d) likelihood-of-confusion refusals that were affirmed by the Board. I counted 234 decisions, of which 215 were affirmances and 19 reversals. That's an affirmance rate of 91.88% , or a bit more than 9 out of 10. [very slightly above last year's rate]. A follow-up question is: how many were WYHAs? Not one of the Section 2(d) decisions was precedential. The 19 reversals involved the following marks:. INCOGNITO , ARTEMIS, VERVE, WALL ST ALLIANCE & Des., SYNTHON, NABOSO , LEGENDARY DONUTS, THE BEAUTIFUL THING , SUPA DUPA REWARDS, HULA DELIGHTS , MECARD BATTLE ARENA, FRANCIEPANTS , THE SEARCH ENGINE COMPETITIVE ADVANTAGE, CM.
TTA Blog 01/29/2020 06:09
This is the second of two posts; the first five selections were posted yesterday. Additional commentary on each case may be found at the linked. TTABlog. post. The cases are not necessarily listed in order of importance (whatever that means). , 2019 USPQ2d 341894 (TTAB 2019) [precedential] (Opinion by Judge Michael B. Adlin). [. TTABlogged. ]. The Board granted a petition for cancellation of a registration for the mark SCHIEDMAYER for “pianos, namely, upright pianos, grand pianos, and digital pianos,” finding that the mark falsely suggests a connection with petitioner in violation of Section 2(a). Rejecting respondents’ laches defense, the Board found that although petitioner’s delay of nearly seven and one-half years before filing its petition.
TTA Blog 01/28/2020 06:41
The. TTABlogger. has once again fearlessly (?) chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year ( i.e. , 2019). This is the first of two posts; the first five selections are set out below. Additional commentary on each case may be found at the linked. TTABlog. posting. The cases are not necessarily listed in order of importance (whatever that means). Nine of the ten decisions are precedential. , 2019 USPQ2d 460354 (TTAB 2019) [precedential] (Opinion by Judge Thomas Shaw). [. TTABlogged. ]. In what appears to be the first TTAB decision finding a color to be generic, the Board granted a petition for partial cancellation of a registration for the mark sho.
TTA Blog 01/27/2020 10:08
R. Griffith "Griff" Thomas, Editor-in-Chief of Allen’s Trademark Digest , has filed the following report regarding the recent TTAB oral hearing in In re WCM Industries, Inc . On Tuesday, January 14, 2020, the Board conducted a live oral hearing at the United States Patent and Trademark Office in the East Wing of the Madison Building, in Alexandria, Virginia.
TTA Blog 01/27/2020 06:18
A (currently serving) TTAB Administrative Trademark Judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods or services. Here are three recent decisions in appeals from Section 2(d) refusals. One refusal was reversed? How do you think these came out? [Answers in first comment]. , Serial No. 87819793 (January 24, 2020) [not precedential] (Opinion by Judge Christen M. English). [Section 2(d) refusal of DUBCAST for "Transmission and delivery of television programs via the internet; Transmission of information in the audiovisual field; Electronic transmission and streaming of digital media content for others via global and local computer networks; Video
TTA Blog 01/24/2020 06:10
Chief Judge Rogers has announced that two new Administrative Trademark Judges have been appointed to serve on the Trademark Trial and Appeal Board. They will commence their duties on February 3, 2020. By my count, this brings the total number of judges to 27, including Chief Judge Rogers and Deputy Chief Judge Mark Thurmon. Melanye K. Johnson comes to the Board from her post as Senior Counsel, Office of General Counsel at the U.S. Department of Health and Human Services (HHS). She was in that position for the last 10 years and was the lead attorney for trademark matters. In that position, Judge Johnson was responsible for domestic and foreign trademark applications and registrations for the National Institutes of Health and other HHS operat.

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