TTABlog Quarterly Index: October - December 2014

E-mail subscriptions to the TTABlog 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! [Note that E-mail subscribers may have to surf to the blog to see comments]. Finally, please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at lalaw.com.

Section 2(a) - Deceptiveness:

• Test Your TTAB Judge-Ability: Is “L.A.M.B.” Deceptive for Clothing?

Section 2(d) - Likelihood of Confusion:

• TTAB Test: Is BACCARA for Bottled Water Confusable With BACCARAT for Glassware? [Yes]
• Precedential No. 44: TTAB Test - Are "REDNECK RACEGIRL & Design" and "RACEGIRL" Confusable for Clothing? [No]
• Test Your TTAB Judge-Ability on these Four Section 2(d) Appeals
• TTAB Reverses 2(d) Refusal of SOUTH BEACH SWIMWEAR for Swimwear
• TTAB Test: Is "PhotoGro" Confusable With "PHOTO MAX" for Fertilizer? [Yes]
• TTAB Finds SNUG BUGS for Plastic Toys Confusable with SNUGGLE BUGZZZ for Plush Toys
• KORD for Audio Equipment Confusable with KORDZ for Connectors, Says TTAB
• Test Your TTAB Judge-Ability on these Four Section 2(d) Appeals
• TTAB Test: Are CENTURY and SECOLO Confusable for Wine? [Yes]
• TTAB No Brainer? "GO PRO OR GO HOME" Confusable With "GO PRO" for Clothing
• Test Your TTAB Judge-Ability on these Three Section 2(d) Appeals
• TTAB Test: Are "TOKYO MOTORS" And "TOKYO RODS" Confusable For Retail Auto Parts Services? [Yes]
• TTAB Test: Feast Your Eyes on this 2(d) Refusal of BLUE SANTA STEW HOLIDAY FEAST
• TTAB Test: Are BARTON FAMILY WINERY and THOMAS BARTON Confusable for Wine? [Yes]
• TTAB Test: Are "RightChoice" and "ClearChoice" Confusingly Similar for Dental Implant Services? [Yes]
• Evidence of Actual Confusion Clinches Section 2(d) Opposition Victory
• Test Your TTAB Judge-Ability On These Four Section 2(d) Refusals
• TTAB Dismisses AGENTLINK 2(d) Opposition: No Priority and No Fraud
• TTAB TEST: Are Bath Salts and Customer Loyalty Programs Related for Section 2(d) Purposes? [Yes]
• Test Your TTAB Judge-Ability: Which Of These 4 Section 2(d) Refusals Was Reversed
• TTAB TEST: Are AirREX and AIRTECH Confusable for Vehicle Suspension Springs?
• Test Your TTAB Judge-Ability On These Four Section 2(d) Appeals
• LA BOMBA and LA BAMBA Confusable for Cigars, Says TTAB
• TTAB Reverses Refusal of "ZOMBIE CINDERELLA" over "WALT DISNEY'S CINDERELLA & Design" for Dolls
• Precedential No. 40: TTAB Finds "MC" Family Famous, Sustains Dilution Opposition to MCSWEET for Pickled Vegetables
• Test Your TTAB Judge-Ability: Are "SPARKLE LIFE" and "SPLASHES & SPARKLES" Confusable for Jewelry? [No]

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

• Another TTAB Test: Is RADIANT POWER Merely Descriptive of Electricity Provider Services? [Yes]
• Test Your TTAB Judge-Ability on these Four Mere Descriptiveness Appeals
• TTAB Test: Is "THE EGG" Merely Descriptive of Facial Toning Devices? [Yes]
• WYHA? "CURBSIDE EXPRESS" Merely Descriptive of Grocery Delivery Services, Says TTAB
• Test Your TTAB Judge-Ability On These Four Mere Descriptiveness Refusals
• WYHA? TTAB Affirms Mere Descriptiveness Refusal of POLITICS FUNNIEST RAP BATTLES
• TTAB TEST: Is "BLENDS" Merely Descriptive of Wine Marketing Services?
• Test Your TTAB Judge-Ability on these Four Mere Descriptiveness Appeals
• Test Your TTAB Judge-Ability: Is KETOSIS ESSENTIALS Merely Descriptive of Nutritional Supplements? [No]

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

• TTAB Finds ARCATA Not Primarily Geographically Deceptively Misdescriptive of Wine

Section 2(e)(5) - Functionality:

• TTAB Afffirms 2(e)(5) Functionality Refusal of Concrete Block Configuration

Section 2(f) - Acquired Distinctiveness:

• Title of Book Is Registrable With Acquired Distinctiveness, Says TTAB
• E.D. Va Affirms TTAB: DWG Lacks Acquired Distinctiveness for CAD Software
• Precedential No. 39: Toothbrush Base Design Lacks Acquired Distinctiveness, Says TTAB, Affirming Refusal

Bona Fide Intent:

• Despite Lack of Documentation, Applicant Had Bona Fide Intent to Use "HARD CANDY" for Luggage, Says TTAB

Fraud:

• Precedential No. 42: Board Grants 12(b)(6) Motion to Dismiss Fraud, Nonuse, and Abandonment Counterclaims
• TTAB Dismisses AGENTLINK 2(d) Opposition: No Priority and No Fraud
• Precedential No. 41: Finding Fraud, TTAB Sustains Opposition to NATIONSTAR for Real Estate Brokerage Service

Genericness:

• TTAB Finds SHRIMP COTIJA SPRING ROLLS Generic for ... Guess What?
• TTAB Finds "STEAM CAR WASH" Generic for ... Guess What?
• TTAB Finds "PC LAPTOPS" Generic for ... Guess What?
• Test Your TTAB Judge-Ability: Is THE VINTNER GROUP Generic for a Wine Distributorship? [No]

Discovery/Evidence/Procedure:

• Precedential No. 45: TTAB Grants Motion to Amend Opposition to Section 66(a) Application
• Precedential No. 43: TTAB Dismisses XBOX 360 Cancellation Petition as Sanction for Misconduct
• Precedential No. 42: Board Grants 12(b)(6) Motion to Dismiss Fraud, Nonuse, and Abandonment Counterclaims
• TTAB Dismisses Narrowly-Pleaded Section 2(d) Opposition to "Simplicity Hair Oil Blend"

CAFC Decisions:

• CAFC Reverses TTAB Affirmance of Section 2(d) "TAKETEN" Refusal
• CAFC Affirms TTAB Dismissal of DOMAINE PINNACLE Section 2(d) Opposition

Recommended Reading:

• Recommended Reading: Two Trademark Reporter Commentaries on Trademark Use
• TTABlog 10th Anniversary Bonus: The Complete Latest Issue of The Trademark Reporter

Other:

• TTABlog Flotsam and Jetsam, Issue No. 15: Fee Reduction, New TPAC Members, TTAB Website Beta
• TTAB Posts December 2014 Hearing Schedule
• E.D. Va. Denies Motion to Dismiss Pro-Football's REDSKINS Appeal
• TTAB Posts November 2014 Hearing Schedule
• Cheryl S. Goodman Appointed as TTAB Judge
• Call For Papers: Sixth Annual INTA Trademark Scholarship Symposium
• Two TTABlogger Papers: One Old, One New
• TTAB Posts October 2014 Hearing Schedule

Text Copyright John L. Welch 2014.