ARTICLE
16 January 2023

TTAB Issued 38 Precedential Opinions In 2022

WG
Wolf, Greenfield & Sacks, P.C.

Contributor

For nearly a century, Wolf Greenfield has helped clients protect their most valuable intellectual property. The firm offers a full range of IP services, including patent prosecution and litigation; post-grant proceedings, including IPRs; opinions and strategic counseling; licensing; intellectual property audits and due diligence; trademark and copyright prosecution and litigation; and other issues related to the commercialization of intellectual property.
The Board issued 38 precedential opinions in calendar 2022, a number that is consistent with recent yearly totals.
United States Intellectual Property

The Board issued 38 precedential opinions in calendar 2022, a number that is consistent with recent yearly totals. Some practitioners clamor for more precedential opinions, but given the fact that many decisions are based on established principles applied to the particular facts of the case (especially in Section 2(d) cases), I don't see the value in more precedential opinions. In fact, I wonder whether making more decisions precedential would only confuse things.

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Section 2(a) - False suggestion of a connection

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Section 2(b) - Governmental Insignia:

Section 2(c) - Consent of living individual

Section 2(d) - Likelihood of Confusion:

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Section 2(e)(1) - Mere Descriptiveness:

Section 2(e)(4) - Primarily Merely a Surname:

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Section 2(e)(5) - Functionality

Section 2(f) - Acquired Distinctiveness

Abandonment:

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Dilution:

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Failure to Function/Specimens of Use:

Fraud:

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Genericness

Nonownership:

Nonuse:

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Pan American Convention:

Procedural Issues/Discovery/Sanctions:

Prosecution Issues:

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