Friday, January 08, 2010

TTAB Issued 52 Precedential Decisions in 2009

The TTAB issued fifty-two (52) precedential opinions in 2009, a slight drop-off from last year's total of 55. Its post-Bose fraud decisions in Enbridge and Asian and Western (Nos. 40 and 42) and its finding of a lack of bona fide intent on the part of the Section 44(e) applicant in Honda v. Winkelmann (No. 15) were among the most noteworthy. And in a dozen or so procedural rulings, it dealt with various nuances of TTAB practice, with an emphasis on the TTAB rules as amended in 2007.

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Section 2(a) - False Association:

Section 2(b) - US Flag, Coat of Arms, or Insignia:

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:

Section 14(3) Misrepresentation:

Drawing Unacceptable

Failure to Function:

Famous Marks Doctrine:



Lack of Bona Fide Intent:


Procedural Issues:

Recitation of Services:

Res Judicata:

Santiago Convention:

Sound Marks:

Specimen of Use/Mutilation::

Use/Use in Commerce

Text and photogaphs Copyright John L. Welch 2009.


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