TTABlog Quarterly Index: October - December 2018

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Section 2(d) - Likelihood of Confusion:

• TTABlog Test: Are Cell Phone Covers Related to Sunglasses Under Section 2(d)? [No]
• TTABlog Test: Is "T MARK" Confusable With "TJ MARC & Design" for Jewelry? [Yes]
• Finding Confusion and Dilution Likely, TTAB Sustains AMERICAN EXPRESS Oppositions to AMERIXPRESS
• TTAB Finds SEAHORSE JAPANESE CUISINE, in Chinese Characters, Confusable With SEAHORSE for Restaurant/Bar Services
• TTAB Finds "THUNDER" Weak, Dismisses THUNDERBIRD Wine Opposition to THUNDER ROAD for Moonshine and Whiskey
• TTAB Test: Is SNAP FUNNEL Confusable with SNAP & POUR for Funnels? [Yes]
• TTAB Test: Is DE BEERS TRUE BRILLIANT Confusable With TRU BRILLIANCE for Jewelry? [Yes]
• TTAB Test: Is VIA SAINT JACQUES for Alsacian Wine Confusable with JACQUIN for Other Alcoholic Beverages? [No]
• TTAB Test: How Did These Three Section 2(d) Oppositions Turn Out?
• TTAB Test: Is RICHARD RAWLINGS' GARAGE Confusable With RAWLINGS for Clothing? [Yes]
• TTAB Test: Is MISEL DISEL Confusable with DIESEL for Pre-Shave Liquids? [Yes]
• TTAB Test: Is COCOON BY SEALY Confusable With SLEEP COCOON for Mattresses and Pillows? [Yes]
• TTAB Test: Is SONIA for Sauces Confusable with SONIA SONI LIFE IS A RECIPE for Spices? [Yes]
• Three Section 2(d) TTAB Cases: How Do You Think They Came Out?
• Twin TTAB Test: Is ALLEN HOTEL Confusable With ETHAN ALLEN for Lodging Services? Is it Geographically Descriptive? [No]
• TTAB Grants Section 2(d) Petition for Cancellation Despite 20 Years of Concurrent Use Without Confusion
• ABBY & Hippo Design for Plush Toys Confusable with ABBY for Dolls, Says TTAB
• TTAB Dismisses SUPERCORE Opposition: No Likelihood of Confusion with U-CORE and No Intent to Deceive in Misuse of the “R” Symbol
• TTAB Test: Is "I.W. SUISSE" Confusable with the SWISS Certification Mark, Both for Watches? [Yes]
• WYHA? DIAMONDS ON THE ROCKS Confusable With SILVER ON THE ROCKS for Jewelry, Says TTAB
• Precedential No. 32: Giving "Great Weight" to Two Consent Agreements, TTAB Reverses Section 2(d) Refusal of AMERICAN CONSTELLATION for Cruise Ship Services
• TTAB Test: Which Of These Three Section 2(d) Refusals Was Reversed?

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

• TTAB Test: Is ULTIMATE GEL Merely Descriptive of Bedding Products?
• TTAB Test: Is "OVER THE FLOOR" Merely Descriptive of Rugs and Mats? [Yes]
• TTAB Test: Is ATHLETE INTELLIGENCE Merely Descriptive of Wearable Monitoring Devices? [Yes]
• TTAB Finds Photo of Grumpy Cat Merely Descriptive of Grumpy Cat-Related Goods and Services
• TTAB Test: Is "S&M" Merely Descriptive of Sex Therapy Services? [Yes]
• TTAB Test: Is YAMSAFER (Arabic) Merely Descriptive of Travel Agency Services? [Yes}
• Precedential No. 31: Applying Equivalents, TTAB Finds Greek Word "GÁMOS" Merely Descriptive of Jewelry
• WYHA? TTAB Affirmed 2(e)(1) Refusal of ICE BLIND as Merely Descriptive of Ice Fishing Houses
• TTAB Affirms Disclaimer Requirement of “KING” in KING LIVING & Design for Furniture and Bed-Related Goods and Services

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

• TTAB Reverses Disclaimer Requirement: ANAHEIM Not Geographically Descriptive of Clothing
• Twin TTAB Test: Is ALLEN HOTEL Confusable With ETHAN ALLEN for Lodging Services? Is it Geographically Descriptive?
• AMERICAN VETERINARY NURSES ASSOCIATION Geographically Descriptive of Veterinary Services, Says TTAB
• TTAB Test: Is The Design/Stylization of This USA SUPPLEMENTS Mark Inherently Distinctive? [No]

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

• TTABlog Test: Is PARSONS Primarily Merely a Surname for Golf Equipment?
• On Remand, TTAB Reverses Course and Finds EARNHARDT COLLECTION to be Primarily Merely a Surname
• TTAB Affirms Section 2(e)(4) Surname Refusal of KIPLING for Eyeglasses and Picture Frames

Section 2(f) - Acquired Distinctiveness:

• Precedential No. 36: Applying CAFC's Converse Factors, TTAB Finds SNOBALLS Concession Trailer Configuration Lacks Acquired Distinctiveness
• TTAB Finds AIR NZ Legally Equivalent to Registered AIR NEW ZEALAND, Acquired Distinctiveness Overcomes Geographical Refusal

Concurrent Use:

• TTAB Awards Junior User USA Minus Oregon in GREENFIELD Concurrent Use Proceeding

Dilution:

• Finding Confusion and Dilution Likely, TTAB Sustains AMERICAN EXPRESS Oppositions to AMERIXPRESS

Fraud:

• TTAB Grants Apple's Motion to Dismiss Seven Fraud Claims and Two Others

Nonuse/Specimen of Use/Failure to Function:

• TTAB Test: Do the Design Elements Make This Mark Eligible for Supplemental Registration? No]
• "OUR LAWYERS ARE DOCTORS" Fails to Function as a Service Mark, Says TTAB

Misuse of ® Symbol:

• TTAB Dismisses SUPERCORE Opposition: No Likelihood of Confusion with U-CORE and No Intent to Deceive in Misuse of the “R” Symbol

Standing:

• Ordinary Consumer Has Standing to Oppose RAPUNZEL for Dolls, Says TTAB
• Does a Law School Professor Have Standing to Oppose RAPUNZEL for Dolls and Toy Figures?

Discovery/Evidence/Procedure:

• Precedential No. 35: TTAB Enters Judgment as a Sanction for Discovery Abuses and Egregious Conduct
• Precedential No. 34: In "Expedited Cancellation" Proceeding, TTAB Denies Petition to Cancel MYST Registration for Musical Entertainment Services
• TTAB Enters Summary Judgment Based On Issue Preclusion: District Court Decided Ownership Issue
• Precedential No. 33: TTAB Denies Reconsideration of Untimely Motion to Compel Filed on Deadline Day for Pre-Trial Disclosures

CAFC Opinions:

• CAFC Affirms TTAB Dismissal of Surname Oppositions to SCHLAFLY for Beer, Finding Acquired Distinctiveness
• CAFC Vacates and Remands TTAB's OMAHA STEAKS v. GREATER OMAHA Decision
• CAFC Renders Split Decision in CORN THINS and RICE THINS Appeal: Affirming Mere Descriptiveness But Remanding on Genericness

Other:

• TTAB Schedules Eleven (11) Oral Hearings for January 2019
• TTAB Posts December 2018 Hearing Schedule
• TTAB Posts November 2018 Hearing Schedule
• Does a Law School Professor Have Standing to Oppose RAPUNZEL for Dolls and Toy Figures?
• USPTO Proposes Rule Change Requiring Foreign Applicants Be Represented By US Licensed Attorney
• TTAB Posts October 2018 Hearing Schedule

Text Copyright John L. Welch 2018.