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Friday, December 12, 2025

TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

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The rate of section 2(d) affirmances so far this year is about 92% (a bit higher than usual). Here are three recent appeals. No hints this t...
2 comments:
Thursday, December 11, 2025

CAFC Upholds TTAB's Grant of Counterclaim for Cancellation: Applicant Proved Priority Through Assignment of Common Law Mark After Proceeding Commenced

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The CAFC affirmed the Board's December 2023 decision [ TTABlogged here ] granting a counterclaim petition for cancellation of a registr...
Wednesday, December 10, 2025

CAFC Reverses TTAB: KAHWA not Generic for, or Descriptive of, Cafés and Coffee Shops - Substantial Evidence Lacking

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In a precedential ruling, the CAFC reversed the TTAB's August 2023 decision [ here ] affirming a refusal to register the mark KAHWA for...
5 comments:
Tuesday, December 09, 2025

VETEMENTS AG Files Reply to USPTO's Certiorari Opposition: TTABlog Asks, What About the Perception of 99 Percent of American Purchasers as to Genericness?

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Vetements AG has filed its Reply Brief [pdf here ] on its petition for writ of certiorari in the VETEMENTS genericness case. In upholding th...
4 comments:
Monday, December 08, 2025

TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

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Section 2(d) affirmances continue to run at a 90% clip this year (as usual). Here are three recent appeals. No hints this time. How do you t...
1 comment:
Friday, December 05, 2025

USPTO Seeks Applicants for Chief Administrative Trademark Judge at the TTAB

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The USPTO is seeking applicants for the position of Chief Adminstrative Trademark Judge at the TTAB. The job announcement and details may be...

On Remand, TTAB Again Denies Petition to Cancel BABIE'S MAGIC TEA Registration: Confusion Unlikely with BABY MAGIC for Skincare Products

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Back in February 2024, the CAFC vacated the Board's decision denying a petition for cancellation of a registration for the mark BABIES...
3 comments:
Thursday, December 04, 2025

TTABlog Test: Is WISHBONES for a Casino Bar Confusable with WISHBONE FARMS for Restaurant Services?

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The USPTO refused to register the mark WISHBONES for "bar services provided in a casino,” finding confusion likely with the registered...
Wednesday, December 03, 2025

TTAB Denies SMARTLING/EASYLING Cancellation Petition for Translation Software Due to Differences in Marks, Purchaser Sophistication, and Lack of Actual Confusion

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In this nine-year-old proceeding, the Board denied Smartling, Inc.'s petition for cancellation of a registration for the mark EASYLING ...
1 comment:
Tuesday, December 02, 2025

TTABlog Test: Is "MUSIC.AI" Merely Descriptive of Music Production Software?

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The USPTO refused registration of the proposed mark MUSIC.AI  under Section 2(e)(1), deeming the mark merely descriptive of software for cr...
Monday, December 01, 2025

Precedential No. 11: TTAB Awards Section 44(d) Priority to Domiciliary of British Virgin Islands Based on Reciprocity, Grants Summary Judgment Motion Contingent on Ultimate Registration

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In this opposition to registration of the mark CANDYVERSE for confectionary products, the parties filed cross-motions for summary judgment ...