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Section 2(a) - Deceptiveness:
- Precedential No. 2: "BURNS NIGHT" Whiskey Opposition Survives Rule 12(b)(6) Motion to Dismiss
- TTABlog Test: Is CAVIAR & CASHMERE Deceptive for Skin Care Products? [Yes}
Section 2(a) - False Suggestion of a Connection:
Section 2(d) - Likelihood of Confusion:
- TTAB Rejects Fraud Counterclaim, Finds ZOOMPAY Confusable With XOOM for Electronic Payment Services
- TTABlog Test: Is LOGGERHEAD DISTILLERY for Distilled Spirits and Distillery Services Confusable With LOGGERHEAD LANDING for Restaurant and Bar Services? [Yes]
- TTABlog Test: Are Live Plants Related to Fresh Vegetables for Section 2(d) Purposes?
- TTAB Affirms Bifusal of Design Mark for Training Services: Faulty Specimens and Likelihood of Confusion with "KF" Mark
- TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
- TTABlog Test: Are These Two Design Marks Confusingly Similar for Overlapping Clothing Items?
- TTABlog Test: Which of These Section 2(d) Refusals Was/Were Reversed?
- TTABlog Test: Is MS. INTERNATIONAL Confusable With MISS INTERNATIONAL for Beauty Pageant Services?
- TTABlog Test: Is QUERCUS COFFEE for Coffee Confusable With QUERCUS for Wine? [Yes]/a>
- TTABlog Test: Is BEENDER Confusable With TINDER for Dating App Software? [Yes]
- TTABlog Test: Is VALLKREE for Electric Bicycles Confusable with VALKYRIE for Motorcycles? [no]
- TTABlog Test: Are Clothing Items Related to Bath and Body Care Products Under Section 2(d)?
- TTABlog Test: Which One of These Three Section 2(d) Refusals Was Reversed?
- TTABlog Test: Is "BLU" for Electronic Toothbrushes Connected to a Mobile App Confusable with "RED BLU" & Design for Toothbrushes? [yes]
Section 2(e)(1) - Mere Descriptiveness:
- TTABlog Test: Is HOSTIING Merely Descriptive of Rental and Lodging Services? [Yes]
- TTABlog Test: Which of These Three Mere Descriptiveness Refusals Was/Were Reversed?
- TTABlog Test: Which One of These Mere Descriptiveness Refusals Was Reversed?
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
- TTABlog Test: How Did These Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
- TTABlog Test: Is COMPOSTA (Italian) Merely Descriptive of Compostable Containers?
- TTAB Sustains Mere Descriptiveness Opposition to "ENHANCED PUSH-TO-TALK" for Telecommunication Services
Section 2(e)(2) - Primarily Geographically Descriptive:
- TTABlog Test: Is PENNSTATE HEALTH Primarily Geographically Descriptive of Health Care Services? [No]
- TTAB Affirms Geographical Descriptiveness Refusal of RENOAIR for Air Transport Services: Distinctiveness for Model Airplanes Not Transferable
Section 2(e)(4) - Primarily Merely a Surname:
- Divided TTAB Panel Affirms Surname Refusal of "INGLIS US & Design" for Firearms
- TTABlog Test: Is CAFFREY Primarily Merely a Surname for Plumbing Products? [Yes]
Section 2(f) - Acquired Distinctiveness
- Rocker Switch Actuator Configurations Lack Acquired Distinctiveness, Says TTAB
- Rejecting Claim of Acquired Distinctiveness, TTAB Affirms Failure-to-Function Refusal of Melissa & Doug's "Red Oval" Background Design
Abandonment:
- QURATE Registrant Fails to Overcome Three-Year Presumption of Abandonment with Proof of Intent to Commence Use, Says TTAB
- Precedential No. 46: Registrant Proves Intent to Resume Use; TTAB Dismisses A.W. SHUCK'S Cancellation Petition
Genericness
- Precedential No. 4: TTAB Deems THE CONSUMER PROTECTION FIRM.COM Generic for Legal Services, but Okays Supplemental Registration for Design Form With Disclaimer
- TTAB Affirms Genericness Refusal of "ECOMANSION" for . . . . . Guess What?
- TTAB Deems Apple's SMART KEYBOARD Generic for .... Guess What?
Failure-to-Function/Improper Specimens:
- TTAB Sees Problems with Applicant's Specimen, Affirms Refusal to Register "20/20 IN 2020" for Optometry Advertising Services
- TTAB Affirms Bifusal of Design Mark for Training Services: Faulty Specimens and Likelihood of Confusion with "KF" Mark
- Precedential No. 5: Sustaining U. Kentucky's Opposition, TTAB Finds that "40-0" Fails to Function as a Trademark for T-Shirts
- TTAB Reverses Failure-to-Function Refusal of "SAY YES TO WHAT'S NEXT" for Clothing and Religious Books
- MAMA BEAR Fails to Function as a Trademark for Clothing, Says TTAB
- "I LOVE YOU SO MUCH" Fails to Function as a Service Mark for Charitable Fundraising Services, Says TTAB
Fraud:
- TTAB Rejects Fraud Counterclaim, Finds ZOOMPAY Confusable With XOOM for Electronic Payment Services
- Precedential No. 7: Denying FRCP 12(b)(6) Motion, TTAB Finds DOCTOR DISABILTY Fraud and Likelihood of Confusion Claims Adequately Pleaded
Illegal Use:
Prosecution Issues:
- Precedential No. 6: Applying Res Judicata, TTAB Again Affirms Mere Descriptiveness Refusal of POWERCOATINGS for Solar Cell Chemicals
- Precedential No. 3: TTAB Rejects Applicant's Express Abandonment of Application "Without Prejudice" After Adverse Final Decision
CAFC Decisions:
- CAFC Affirms TTAB: NORTH 61 Confusable with 66?NORTH for Clothing and Clothing Store Services
- CAFC Affirms TTAB: WEIGEL'S KITCHEN & Design Not Confusable With QT KITCHENS & Design
Recommended Reading:
- Recommended Reading: "Fanciful Failures: Keeping Nonsense Marks off the Trademark Register"
- The Trademark Reporter's 2021 "Annual Review of U.S. Trademark Cases"
- Recommended Reading: Professors Farley on Genericness, Boyle and Jenkins on University Brand Bullies
Other:
- SDNY Correctly Applies B&B Hardware In Rejecting Plaintiff Lexington Furniture's TTAB-based Issue Preclusion Argument
- Fourth Circuit Rules That a TTAB Party, After Remand from its CAFC Appeal, May Seek Further Review in District Court
- TTAB Posts March 2021 (Video) Hearing Schedule
- Fourth Circuit Affirms E.D. Virginia, Upholds Apple's Summary Judgment Victory in "IPAD" Case
- Fourth Circuit Returns Long-Running FLANAX Case to E.D. Virginia on Laches, Statute of Limitations, and Tolling Issues
- TTAB Posts February 2021 (Video) Hearing Schedule
- In 2020, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness Refusals?
- In 2020, What was the Rate of TTAB Affirmance of Section 2(d) Refusals to Register?
- The Top Ten TTAB Decisions of 2020 (Part II)
- The Top Ten TTAB Decisions of 2020 (Part I)
- TTABlog Quarterly Index: October - December 2020
- TTAB Issued 46 Precedential Rulings in 2020
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