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Wolf, Greenfield & Sacks, P.C.
 
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MA 02210
United States
By John L. Welch
Although finding that the term BROE is primarily a surname, and that the stylization shown below does not make the mark inherently distinctive, the Board reversed this Section 2(e)(4)...
By John L. Welch
The Board affirmed a refusal to register, on the Supplemental Register, the product configuration mark shown below, for "printed paper labels; paper identification tags; printed paper labels; adhesive labels"...
By John L. Welch
North Carolina's specimens of use included explanatory text such as "[n]ew scratch-offs the first Tuesday of every month.
By John L. Welch
The Board correctly concluded that the "will.i.am" restriction "does not impose a meaningful limitation in this case for purposes of likelihood of confusion
By John L. Welch
The Board sustained these consolidated oppositions to registration of STILL SPOONING for "Custom imprinting of flatware and fishing lures"...
By John L. Welch
The USPTO refused registration of THE CANNIBAL for beer, finding a likelihood of confusion with the identical mark registered for "Restaurant services; Restaurant services, namely, providing of food and beverages ...
By John L. Welch
Section 2(e)(5) of the Lanham Act bars registration of a proposed mark that "comprises any matter that, as a whole, is functional."
By Chris Reilly
IPR is widely used to challenge patents.
By John L. Welch
The Trademark Trial and Appeal Board (TTAB) has scheduled seven (7) oral hearings for the month of August 2017.
By John L. Welch
It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services.
By John L. Welch
Affirming a refusal to register COFFEE FLOUR on the Supplemental Register...
By John L. Welch
Examining Attorney Kevin G. Crennan provided evidence that applicant, on packaging for its own products in strip form and containing the same active ingredient as the liquid or gel, states that those product...
By John L. Welch
The USPTO refused registration of the mark LAVA GEAR for "outdoor survival wear, namely, jackets and pants for extended periods of use outdoors in extreme cold weather" [GEAR disclaimed]...
By John L. Welch
Addressing the revised TTAB Rules that came into effect on January 14, 2017, the Board found that the petitioner had served its discovery requests too late.
By Robert A. Jensen
Attorneys handling an IPR should never be neglectful, of course, but the director of the US Patent and Trademark Office (USPTO) recognizes that neglect in some circumstances is excusable.