Thursday, December 31, 2009

TTABlog Quarterly Index: October - December 2009

This quarter saw the fifth anniversary of the TTABlog and its one-millionth hit. More significantly, November 1st brought the retirement of Chief Judge J. David Sams. The Board has begun populating the new post-Bose fraud landscape as trademark practitioners re-calibrate their thinking. And the CAFC overturned two TTAB rulings, one concerning the acceptability of website specimens of use, and the other the contents of the record in inter partes proceedings. [In any event, please note that E-mail subscriptions to the blog are available: just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the blog on Twitter (here). And don't forget to leave your comments! Finally, please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at]

Sunset, Eastham, MA, October 12, 2009

Section 2(d) - likelihood of confusion:

Section 2(e)(1) - mere descriptiveness:

Section 2(e)(2) - primarily geographically descriptive:

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

Section 2(e)(5) - Functionality:

Section 2(f) - Acquired Distinctiveness:


December 13, 2009


Lack of Bona Fide Intent:

Procedural Issues:

Specimen of Use/Mutilation:

CAFC Decisions:

CAFC Oral Argument:

Hot Stove League:


Text and photographs ©John L. Welch 2009.


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