TTABlog Quarterly Index: July - September 2024

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. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com.

Section 2(a) - Deceptiveness:

• TTABlog Test: Is LEATHER MAN LTD & Design Deceptive for Belts Not Made of Leather? [No]

Section 2(c) - Consent of Living Individual

• TTAB Affirms Section 2(c) Refusal of TRUMPINOCCHIO for Shirts due to lack of Consent by ... Guess Who?

Section 2(d) - Likelihood of Confusion:

• TTABlog Test: Are these two "I * NY" Confusable for Backpacks and Clothing?
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTAB Dismisses Section 2(d) Opposition to NOMAD for Barbecue Grills due to Lack of Proof of Relatedness with Electronic Goods
• TTABlog Test: Is KID CHRISTIAN for Sweatshirts Confusable with CHRISTIAN for Wrestling Entertainment Services? [Yes]
• TTAB Renders Split Decision in MRS. CLAUS Section 2(d) Appeal
• TTABlog Test: Which of these Three Section 2(d) Refusals Was/Were Reversed?
• TTABlog Test: Which of these Three Section 2(d) Refusals Was/Were Reversed?
• TTABlog Test: Is "ACUITI" Confusable with "QIACUITY" for Medical Testing Services? [Yes]
• TTABlog Test: Are Mascara and Clothing Related for Section 2(d) Purposes? [Yes]
• TTAB Reverses Section 2(d) Refusal of OCTAVE for Mental Health Services Due to Ambiguity in Cited Registration
• TTABlog Test: Is UGLY DOG SALOON for Restaurant and Bar Services Confusable with UGLY DOG for Distilled Spirits? [Yes]
• TTABlog Test: Is "LIP TAR" Confusable with "THE LIP BAR" for Lip Gloss? [Yes]
• EAGLE PARK DISTILLING for Alcoholic Beverages Not Confusable with EAGLE RARE for Bourbon Whiskey, Says TTAB
• TTAB Reverses Section 2(d) Refusal of "LendingOne & Design" Over LENDERS ONE Due to Differences in Mortgage Lending Services
• TTAB Reverses Section 2(d) Refusal of NAMASTE COUTURE BY APRIL STOLF over NAMASTE for Jewelry
• Precedential No. 20: Supplemental Registration for PERMITS.COM Cancelled by Prior User of PERMIT.COM Despite No Acquired Distinctiveness
• TTABlog Test: Three Recent Section 2(d) Appeals - Outcome?
• Precedential No. 19: Red-White-and-Blue Mark Not Confusable with Red-Top Mark for Fence Posts, Says TTAB

• Precedential No. 18 (Part II): TTAB Grants Petition to Cancel BLOOKE Registration for Bicycles
• TTABlog Test: Which of These Section 2(d) Refusals Was/Were Reversed?
• With Amended First Use Date, RESORT WEAR SEASPICE Registration Survives Section 2(d) Attack
• Sustaining Opposition, TTAB Finds RYDE OUT Confusable with RYDE for Supplements and Energy Drinks
• TTAB Sustains Nike's Opposition to "4IR", Finding Confusion Likely with "AIR" For Shirts
• TTAB Easily Finds TREEBNB Confusable with AIRBNB for Temporary Housing Services
• TTABlog Test: How Did These Three Section 2(d) Likelihood of Confusion Appeals Turn Out?
• Precedential No. 15: TTAB Affirms Section 2(d) Refusal of UPC for Computer Components, Rejecting "Something More" Requirement When Only Goods are Involved
• TTAB Sustains Instagram's 2(d) Opposition to INSTASIZE for Photo Editing Software
• TTABlog Test: Three Recent Section 2(d) Appeals For Your Consideration

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

• TTABlog Test: Is BRAINCARE Merely Descriptive of Goods and Services Related to Analysis of Brain Waves? [Yes]
• TTAB Finds SOLAR CONCIERGE Merely Descriptive of, and Lacking Acquired Distinctiveness for, ..... Guess What?
• TTABlog Test: Is WHOLESALEHOME Merely Descriptive of Dusting Cloths?
• TTABlog Test: Must "DAILY" be Disclaimed in DAILY MIND for Mental Health Services
• TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
• Precedential No. 13: TTAB Reverses Requirement to Disclaim "ARCHITECT" in KORN FERRY ARCHITECT for HR Services

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

• TTABlog Test: Is AMERICAN CLOUD Primarily Geographically Descriptive of Cloud-Based Computer Services? [Yes]

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

• TTABlog Test: Is "SIMON FAMILY WINES" Primarily Merely a Surname for Wines? [Yes]

Failure-to-Function:

• "A CHANCE TO LIVE LONGER" Fails to Function as a Source Indicator for Medical Information, Says TTAB

Fraud:

• Precedential No. 18 (Part I): Fraud! TTAB Grants Petition to Cancel BLOOKE Registration for Bicycles
• Cleveland Guardians Attack CLEVELAND SPIDERS for Clothing: Summary Judgment Motion Fails on Fraud, Succeeds in Part on Nonuse
• TTAB Says Chutter Still Good Law: Reckless Disregard in Obtaining or Maintaining a Registration is Enough for Fraud

Genericness:

• TTAB Finds LOTERIA Generic for Gaming Machines

Use/Nonuse/Specimen of Use:

• Precedential No. 18 (Part II): TTAB Grants Petition to Cancel BLOOKE Registration for Bicycles - Nonuse
• TTAB Dismisses REEFER MAN Opposition Due to Unlawfulness of Opposer's Pleaded Applications
• Precedential No. 17: TTAB Rules that Retail Offering of One's Own Goods Qualifies as a "Service" Under the Trademark Act
• Precedential No. 16: "GABBY'S TABLE" Specimen Fails to Show Use of Mark for Recited On-Line Store Services
• Cleveland Guardians Attack CLEVELAND SPIDERS for Clothing: Summary Judgment Motion Fails on Fraud, Succeeds in Part on Nonuse
• https://thettablog.blogspot.com/2024/07/precedential-no-14-ttab-affirms-two.html

Discovery/Evidence/Procedure:

• Precedential No. 23: TTAB Refuses to Grant Partial Summary Judgment Against Applicant Who Doesn't Own the Mark
• Precedential No. 22: Failure to Respond to Requests for Admissions Leads to Cancelled Registration
• Precedential No. 21: TTAB Grants Motion to Bifurcate VELCRO Cancellation into two Phases

CAFC:

• TTABlog Test: Are These Design/Stylized Marks for Clothing and Purses Confusable?
• CAFC Tosses Out TTAB's Dismissal of COGNAC Opposition Due to Flawed Application of the DuPont Factors to a Certification Mark
• CAFC Affirms TTAB in Genericness Refusal of MODULAR GABION SYSTEMS for . . . . Guess What?

Recommended Reading:

• Recommended Reading: Prof. Michael Grynberg, "Trademarks as Comics"
• Recommended Reading: The Trademark Reporter, July-August 2024 Issue

Other:

• TTAB Posts October 2024 Hearing Schedule
• TTAB Posts September 2024 Hearing Schedule
• (Corrected) Current Roster of TTAB Administrative Trademark Judges
• Three Administrative Trademark Judges Added to TTAB Roste
• TTAB Posts August 2024 Hearing Schedule
• Three Administrative Trademark Judges Added to TTAB Roster
• TTAB Posts July 2024 Hearing Schedule

Text © John L. Welch 2024.