TTABlog Quarterly Index: January - March 2013

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Trinity Church, Copley Square, Boston
Section 2(a) - Deceptiveness:

• Precedential No. 9: TTAB Affirms 2(a) Deceptiveness Refusal of WHITE JASMINE for Tea
• TTAB Affirms Deceptiveness Refusal of "VALENCIA" for Rice

Section 2(a) - Disparagement:

• Your Thoughts Regarding H.R. 1278 - the "Non-Disparagement of Native American Persons or Peoples in Trademark Registration Act of 2013"?
• Congressman Faleomavaega Introduces Bill To Cancel REDSKINS Registrations
• TTAB Affirms 2(a) Disparagement Refusal of STOP THE ISLAMISATION OF AMERICA

Section 2(d) - Likelihood of Confusion:

• CHAMPARTY Not Confusable With CHAMPAGNE for Sparkling Wine, Says TTAB
• KATZ Fight! TTAB Finds LIkelihood of Confusion but Dismisses Fraud Claim
• Test Your TTAB Judge-Ability: Is DIRK for Sunglasses Confusable With DIRK BIKKEMSBERG for Spectacles?
• Precedential No. 6: Applicant's Rule 133 Amendment Yields Dismissal of 2(d) Opposition
• Test Your TTAB Judge-Ability: Are VOLVO and LOVOL Confusable for Vehicles?
• Yankees Win! TTAB Sustains Opposition to "BASEBALLS EVIL EMPIRE" on Confusion and False Association Grounds
• Food Fight! TTAB Dismisses "WHERE FOOD COMES FROM" 2(d) Opposition
• TTAB Sustains 2(d) Opposition to WAL-ZYR, Finding it Confusable with ZYRTEC
• TTAB Deems "ANGEL" a Weak Formative in Computer Field, Reverses 2(d) Refusal
• WYHA? TTAB Affirms 2(d) Refusal of BRIX CELLARS over BRIX for Restaurant Services
• Test Your TTAB Judge-Ability: Are These Design Marks for Batteries Confusingly Similar?
• Test Your TTAB Judge-Ability on these Three Section 2(d) Appeals
• Finding "U.S. CHAMBER OF COMMERCE" Famous But Inherently Weak, TTAB Dismisses 2(d) Cancellation Petition
• Precedential No. 42: In Rare Section 2(d) Color Case, TTAB Affirms Refusal of Teal for Sheaths over Blue for Catheters

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

• Test Your TTAB Judge-Ability On These Five Mere Descriptiveness Refusals
• Test Your TTAB Judge-Ability: Is "Property, intangible" Inherently Distinctive for an Intellectual Property Blog?
• Test Your TTAB Judge-Ability: Is LIVEVIEW Merely Descriptive of Game Scouting Cameras?
• Test Your TTAB Judge-Ability on these Five Mere Descriptiveness Refusals
• Test Your TTAB Judge-Ability on these Three Mere Descriptiveness Refusals
• Test Your TTAB Judge-Ability: Does the Stylization of this Mark Render it Inherently Distinctive?
• Precedential No. 40: On Summary Judgment, TTAB Rejects Claim that SMS Number Is Merely Descriptive of Mobile Search Services

Massachusetts State House

Section 2(e)(2)- Primarily Geographically Descriptive:

• TTABlog Collection of Section 2(e)(2) "Primarily Geographically Descriptive" Cases

Section 2(e)(3) - Primarily Geographically Deceptively Misdescriptive:

• TTABlog Collection of Section 2(e)(3) "Primarily Geographically Deceptively Misdescriptive" Cases

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

• Another Surnamed Law Firm Bites the TTAB Dust
• Precedential No. 2: TTAB Sustains Section 2(e)(4) Surname Opposition to "MILLER LAW GROUP" for Legal Services

Section 2(e)(5) - Functionality:

• Precedential No. 7: TTAB Affirms Refusal to Register Peppermint Flavor and Scent for Nitroglycerin Spray
• Precedential No. 3: TTAB Affirms Alternative Refusals to Register Pet Food Container Design, Finding it Functional or Non-Distinctive

Dilution:

• TTAB Confirms That Federal Registration Defense to Dilution Claim Lives On For Older Cases

Failure to Function:

• Precedential No. 7: TTAB Affirms Refusal to Register Peppermint Flavor and Scent for Nitroglycerin Spray
• Precedential No. 5: TTAB Affirms Failure-to-Function Refusal of Battery Charger "Chirp"
• Precedential No. 4: TTAB Affirms Failure-to-Function Refusal of BLATANCY for Audio Recordings by Eponymous Performer
• Precedential No. 3: TTAB Affirms Alternative Refusals to Register Pet Food Container Design, Finding it Functional or Non-Distinctive
• Precedential No. 1: TTAB Affirms Ornamentality Refusal of Clothing Trim Design Mark

Genericness:

• TTAB Finds MECHANIC to be Generic for ... Guess What?
• TTAB Finds "ITICKETS" Generic for .... Guess What?

Goods in Trade:

• Precedential No. 8: TTAB Finds Investment Report to Be a Mere Sales Document, Not a Good in Trade

Ownership:

• TTAB Takes On Family Feud over MARYLAND FRIED CHICKEN Ownership

Use in Commerce/Specimen of Use/Drawing:

• Test Your TTAB Judge-Ability: Has This Pizza Slice Mark Been Mutilated?
• Test Your TTAB Judge-Ability on this Trademark Specimen of Use
• Test Your TTAB Judge-Ability: Does the Stylization of this Mark Render it Inherently Distinctive?
• Test Your TTAB Judge-Ability: Is This Specimen of Use Okay for the mark "JUXTA"?
• Precedential No. 41: TTAB Affirms SSFA CERTIFIED CODE COMPLIANT Refusal - Specimens Show Two Marks, Drawing One

Rock Harbor, Orleans, MA
Discovery/Evidence/Procedure:

• Precedential No. 6: Applicant's Rule 133 Amendment Yields Dismissal of 2(d) Opposition
• TTAB Confirms That Federal Registration Defense to Dilution Claim Lives On For Older Cases
• Precedential No. 39: Plaintiff That Relies Solely on a Supplemental Registration Cannot Prevail in a Section 2(d) Proceeding
• TTAB Vacates ROLEX No-Dilution Decision After AFP Withdraws Application During Appeal

Recommended Reading:

• Recommended Reading: The Trademark Reporter's Annual Review of U.S. Trademark Cases

Other:

• "BUSHWACKER" TTAB Brouhaha Heads to Federal District Court
• Erik Pelton's Summary of March 1st TPAC Public Meeting
• "REDSKINS" Disparagement Case Headlines TTAB's March 2013 Hearing Schedule
• U.S. Census Bureau "Frequently Occurring Surnames" from Census 2010
• TTAB Posts February 2013 Hearing Schedule
• District Court Lacks Power to Issue Subpoenas for TTAB Disqualification Petition
• What is an "Ongoing and Existing Business" For Purposes of the Anti-Trafficking Provision of Section 10?
• TTAB Posts January 2013 Hearing Schedule
• The Top Ten TTAB Decisions of 2012 [Part Two]
• The Top Ten TTAB Decisions of 2012 [Part One]
• Nevermind! USPTO Drops Idea of Moving Up Deadline for First Filing of Section 8 Declarations of Use
• The TTAB Issued 42 Precedential Decisions in 2012
• Supreme Court Affirms Dismissal of Already v. Nike, Finding Counterclaim Moot
• Foreign Trademark Owner Stumbles over U.S. Bona Fide Intent Requirement

Text and Photos Copyright John L. Welch 2013.