Searching Content indexed under Patent by John L. Welch ordered by Published Date Descending.
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Some Thoughts On Why Product Configuration Marks Seldom Survive TTAB Scrutiny
Rarely do product configuration trademark applications survive TTAB scrutiny. Two major hurdles to registration stand in the way
United States
27 Aug 2019
Precedential No. 23: TTAB Affirms Section 2(e)(5) Functionality Refusal Of Umbrella Configuration
In view of Applicant OEP's own utility patent, the Board had no doubt in affirming a Section 2(e)(5) functionality refusal of the product configuration shown below, for umbrellas.
United States
23 Aug 2019
TTAB Finds Wedge Shape For Yoga Blocks Functional Under Section 2(e)(5)
The Board affirmed a Section 2(e)(5) refusal to register the product configuration shown below, for "yoga blocks," finding the proposed mark to be de jure functional and therefore
United States
22 Aug 2019
TTAB Affirms Section 2(e)(5) Functionality Refusal Of Milk Container Configuration
The Board affirmed a Section 2(e)(5) refusal of the container configuration shown below, for "milk," finding the design to be de jure functional.
United States
28 May 2019
TTAB Test: Do The Design Elements Make This Mark Eligible For Supplemental Registration?
In a December 2017 decision the Board granted, in part, petitioner's motion for summary judgment [here] and ordered cancellation of a Supplemental Registration for the phrase MORE PROTEIN THAN SUGAR! in standard character form, finding that the purported mark is incapable of functioning as a trademark for "yogurt."
United States
30 Nov 2018
CAFC Affirms TTAB Dismissal Of Surname Oppositions To SCHLAFLY For Beer, Finding Acquired Distinctiveness
In this rather quixotic appeal, the CAFC upheld the TTAB's decision of August 2, 2016 [TTABlogged here], dismissing two oppositions to registration of the mark SCHLAFLY for beer.
United States
30 Nov 2018
USPTO Proposes Rule Change Requiring Foreign Applicants Be Represented By Us Licensed Attorney
The USPTO is proposing to change the Trademark Rules of Practice to require that foreign applicants be represented by a U.S. licensed attorney.
United States
29 Oct 2018
Precedential No. 30: Rejecting Opposer's Over-Counting Of Interrogatories, TTAB Grants Motion To Compel Responses
In a less than scintillating ruling, the Board order consolidation of two oppositions involving the same marks and parties and common issues of law and fact.
United States
27 Sep 2018
On Summary Judgment, TTAB Orders Cancellation Of 3-Concentric-Loop Wastewater Ditch Registration On Functionality Ground
[Caveat: The Wolf Greenfield trademark team of Christina Licursi, Stephanie Stella, and Yours Truly represented Petitioner Lakeside Equipment in this case.].
United States
31 Aug 2018
TTAB Reverses 2(d) Refusal Of CARAT For Airplane Connectivity Services: Unrelated To Broadcasting Services
The Board reversed a refusal to register the mark CARAT (Stylized) for aircraft connectivity services that enable transmission of data to and from aircraft.
United States
20 Jul 2018
Federal Circuit Rules That BPCIA Preempts State Law
Last week, the Federal Circuit issued its opinion on remand in Amgen Inc. v. Sandoz Inc., holding that the Biologics Price Competition and Innovation Act of 2009 (BPCIA)...
United States
10 Jan 2018
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