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Searching Content indexed under Litigation, Mediation & Arbitration by John L. Welch ordered by Published Date Descending.
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Precedential No. 29: TTAB Dismisses Opposition To Section 1(b) Application, Ownership Is Not An Issue
PAVE: Promoting Awareness, Victim Empowerment filed a Section 1(b) application to register the mark SafeBAE for "Providing emotional ...
United States
14 Oct 2019
2
TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?
September 30th was the last day of the USPTO fiscal year. Here are three of the five TTAB decisions issued on that day in Section 2(d) appeals.
United States
11 Oct 2019
3
TTAB Dismisses "OCALA HORSE PROPERTIES" Cancellation Petition Due To Lack Of Standing
Standing is a hurdle that TTAB plaintiffs almost always clear. Not this time. The Board dismissed this petition for cancellation of a registration for the mark OCALA HORSE PROPERTIES ...
United States
11 Oct 2019
4
Precedential No. 28: TTAB Affirms Genericness Refusal Of Packaging Design For Socks
The TTAB affirmed a refusal to register the packaging design shown below, for "socks," finding the design to be generic for the goods...
United States
10 Oct 2019
5
Precedential No. 27: TTAB Excludes Evidence Due To Spoliation, But Declines To Enter Judgment As A Sanction
In yet another ruling regarding the spoliation of evidence, the Board refused to consider certain of Petitioner Busy Beauty's Instagram
United States
8 Oct 2019
6
TTAB Posts October 2019 Hearing Schedule
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of October 2019.
United States
8 Oct 2019
7
TTAB Says Series Of PREDICTIVE ENTREPRENEUR Educational Lectures Is Not A Single Work
Returning once again to failure-to-function land, the TTAB reversed a refusal to register the mark PREDICTIVE ENTREPRENEUR
United States
7 Oct 2019
8
On Remand, TTAB Finds CORN THINS And RICE THINS Generic For A Sub-Category Of Crackers
In October 2018, the CAFC issued a spit decision in an appeal from the TTAB's February 21, 2017 ruling [TTABlogged here]
United States
3 Oct 2019
9
TTABlog Test: Is "Pili" Deceptive For Cosmetics Not Containing Pili Oil?
[This is a guest post written by Susmita A. Gadre, a litigation associate at Wolf, Greenfield & Sacks, PC].
United States
1 Oct 2019
10
Griff Thomas Reports On "DENIM & CO." Oral Hearing
R. Griffith Thomas, Editor-in-Chief of Allen's Trademark Digest, has filed the following report regarding the recent TTAB oral hearing in In re QVC, Inc.
United States
30 Sep 2019
11
TTAB Affirms Section 2(a) False Connection Refusal Of CALIFORNIA BEEMERS For Auto Dealership
The Board affirmed a Section 2(a) refusal of CALIFORNIA BEEMERS for automobile dealership and repair services, finding that the mark falsely suggests a connection with the German company
United States
30 Sep 2019
12
TTABlog Test: Is This Fish Hook Design Mark For Clothing Confusable With "VF" For Retail Clothing Services?
V.F. Corporation opposed an application to register the design mark shown immediately below
United States
26 Sep 2019
13
TTAB Affirms Two More Failure-To-Function Refusals
In failure-to-function cases, the key question is how the alleged mark will be perceived by relevant consumers.
United States
25 Sep 2019
14
Precedential No. 26: TTAB Dismisses Cancellation Proceeding Due To Petitioner's Fabrication Of Evidence
Finding that Petitioner Optimal Chemical had perpetrated a fraud on the Board through fabricated evidence and untruthful testimony,...
United States
23 Sep 2019
15
Precedential No. 25: TTAB Grants Section 2(a) Cancellation Petition: SCHIEDMAYER For Pianos Falsely Suggests A Connection With Petitioner (Video)
The Board granted a petition for cancellation of a registration for the mark SCHIEDMAYER for "pianos, namely, upright pianos,...
United States
20 Sep 2019
16
Single Book Title Fails To Function As A Trademark, Says TTAB
The Board affirmed a refusal to register THE NEUROTIC PARENT'S GUIDE (in standard characters, with GUIDE disclaimed), finding that it fails to function as a trademark for "Publications, namely
United States
19 Sep 2019
17
TTAB Affirms Rejection Of Specimens That Do Not Associate The Mark With The Goods
The Board affirmed a refusal to register the alleged mark SLEEP HYGIENE CYCLE on the ground that Applicant's specimens of use failed to show use of the mark with the identified goods
United States
13 Sep 2019
18
TTAB Sustains Section 2(e)(1) Opposition, Finding "IR DEFENSE" Merely Descriptive Of Protective Beauty Serums
In this Section 2(e)(1) opposition, the Board agreed with Opposer Christie Brinkley Skincare that Applicant Alumier's alleged mark IR DEFENSE is merely descriptive
United States
12 Sep 2019
19
TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?
Here are three very recent TTAB decisions in Section 2(d) appeals, decided on the same day. I'm not giving any hints, so you're on your own.
United States
10 Sep 2019
20
TTABlog Test: Is "ISABEL MARANT" Confusable With "MARANT" For Perfumes And Cosmetics?
The USPTO refused to register the mark ISABEL MARANT for perfumes and cosmetics, on the ground of likelihood of confusion with the registered mark
United States
10 Sep 2019
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