Section 2(a) - False Connection:
- Finding PTO Evidence Inadequate, TTAB Reverses 2(a) and 2(d) Refusals of "HEINEKEN" for Meat Juices
- Precedential No. 23: Finding a (2)(a) False Connection, TTAB Cancels "TWIGGY" Registration for Clothing
Section 2(d) - Likelihood of Confusion:
- Affirming 2(d) Refusal of "SMOKEYS HOUSE OF BARBEQUE," TTAB Finds Clothing and Sauce Related to Restaurant Services
- TTAB Affirms 2(d) Refusal Despite Sophistication of Customers for Computer Software and Services
- TTAB FInds "LUZ DE ESTRELLA" and "STARLITE WINERY" Confusingly Similar for Wine
- "SLURP-EZE" for Pet Bowls Confusingly Similar to "SLURPEE" for Frozen Drinks, Says TTAB
- Tip from the TTABlog: Hands Off the Playboy Bunny!
- TTAB Reverses 2(d) Refusal: "GRIP-RITE" for Industrial Gloves Not Confusing With "GRIPRITE" for Shoes and Boots
- Mueller's Bests Barilla in TTAB 2(d) Food-Fight Over "AMERICA'S FAVORITE PASTA"
- TTAB Says "No Way" to "JOSE," Finds it Confusingly Similar to "JOSE CORTEZ" for Tequila
- Finding PTO Evidence Inadequate, TTAB Reverses 2(a) and 2(d) Refusals of "HEINEKEN" for Meat Juices
- PTO Proves Wine and Restaurant Services Related, TTAB Affirms 2(d) Refusal of "BRICKSTONE CELLARS"
- Precedential No. 21: TTAB Finds "LA PEREGRINA" and "THE PILGRIM" Confusingly Similar for Jewelry Per Doctrine of Foreign Equivalents
- "CINQUANTE-CINQ" and "55" Confusingly Similar for Wine, Says TTAB, Equivalently
- Finding No Cultural Significance for "HONEYSUCKLE ROSE," TTAB Affirms 2(d) Refusal over "HONEYSUCKLE" For Clothing
- Precedential No. 18: TTAB Dismisses "SPORTSMAN'S WAREHOUSE" Cancellation Petition, Finding No Likelihood of Confusion and No Fraud
- Precedential No. 17: Finding the Marks Entirely Different, TTAB Grants Judgment on the Pleadings in 2(d) Opposition
Section 2(e)(1) - Mere Descriptiveness:
- Precedential No. 32: Double Entendre Argument Remedies "THE FARMACY" 2(e)(1) Refusal, Says TTAB
- "WWW.BOTMAG.COM ROBOT" Merely Descriptive of Robot Magazines, Says TTAB
- Precedential No. 29: TTAB Affirms 2(e)(1) Refusal of Japanese Term Meaning "Walking" for Footwear
- TTAB Reverses Mere Descriptiveness Refusal of "PETIT-PETITE" for Wine
- "REPTILE SAUSAGE" Merely Descriptive of Food for Reptiles, Says TTAB
Section 2(e)(4) - Primarily Merely a Surname:
- Despite Claim that "MERROW" Means "Mermaid," TTAB Affirms 2(e)(4) Surname Refusal
- TTAB Affirms Surname Refusal of "HARRINGTON OAK" for Flooring
Section 2(e)(5) - Functionality:
Abandonment:
- TTAB Cancels "JONATHAN LOGAN" Clothing Registrations: Trade Name Use is not Trademark Use
- Precedential No. 22: Finding Old "LASALLE" Automobile Mark Abandoned, TTAB Dismisses General Motors' Opposition for Lack of Priority
Bona Fide Intent:
Failure to Function:
- Precedential No. 31: TTAB Reviews Specimen Brochure, Affirms Failure-to-Function Refusal
- Precedential No. 26: Specimens of Use Display Web Address, Not Service Mark Use
- Precedential No. 20: TTAB Finds Stitching Design on Jean Pockets Merely Ornamental
Fraud:
- Precedential No. 27: Correction of Error in Goods Prior to Publication Creates Rebuttable Presumption of No Fraud, Says TTAB
- Precedential No. 23: Finding a (2)(a) False Connection, TTAB Cancels "TWIGGY" Registration for Clothing
- Precedential No. 18: TTAB Dismisses "SPORTSMAN'S WAREHOUSE" Cancellation Petition, Finding No Likelihood of Confusion and No Fraud
Genericness:
- On Summary Judgment, TTAB Finds "BRIDGELOAN.COM" to be Generic for Commercial Lending Services
- TTAB Affirms Genericness Refusal of "BEADCHIP" for .... Guess What?
- Precedential No. 24: TTAB Affirms Genericness Refusal of "BOND-OST" for Cheese
- TTAB Reverses Genericness Refusal of "DIGITAL OILFIELD" for B-to-B E-Commerce Services
Ownership:
Phantom Mark:
Procedural Issues:
- TTABlog Practice Pointer: Failure to Answer Admission Requests May Be Harmful to Your Application's Health
- Precedential No. 17: Finding the Marks Entirely Different, TTAB Grants Judgment on the Pleadings in 2(d) Opposition
Res Judicata/Collateral Estoppel:
- CAFC Bars Cancellation Petition as Collateral Attack on Prior Federal Court Judgment
- Precedential No. 19: TTAB Grants Summary Judgment Against Applicant Enjoined From Use and Registration of His Mark
Single Artistic Work:
Specimens of Use/Drawing:
- Precedential No. 33: TTAB Affirms Refusal of "FREEDOM STONE" for Cornerstones as Title of a Single Work
- Precedential No. 28: TTAB Finds Drawings OK, But Packing Label Specimen Fails to Show Service Mark Use
- TTAB Overturns PTO Refusal, Finds "LAY'S GET YOUR SMILE ON" to be Unitary Mark
Use in Commerce:
- Precedential No. 30: TTAB Grants Summary Judgment in Opposition Because Applicant Was Contractually Prohibited From Using Subject Mark
- Precedential No. 19: TTAB Grants Summary Judgment Against Applicant Enjoined From Use and Registration of His Mark
CAFC Decisions:
Leo Stoller:
- Supreme Court Says Stoller Abused Its Process
- Seventh Circuit Vacates Google's Judgment Against Stoller Companies
Other:
- Thilo C. Agthe Comments on Proposed New Rule 2.85(f)
- PTO Proposes Potpourri of Trademark Rule Changes
- TTAB Posts June 2008 Hearing Schedule
- Could Annual "MEET THE BLOGGERS" Event Lead to World Peace?
- Marty Schwimmer's Trademark Blog Turns Six
- Ten TTABlog Questions About Fraud
- Wednesday in Berlin
- Unfriendly Shores? Recent Developments in U.S. Law May Trouble Foreign Trademark Owners
- TTABlogger Arrives at INTA Berlin
- "MEET THE BLOGGERS IV" Set for May 19th in Berlin
- DC Circuit Rules TTAB Party May Raise New Issues in 21(b) Civil Action for Review
- TTAB Posts May 2008 Hearing Schedule
- Have TTAB Judges Been Appointed Unconstitutionally?
- TTABlogger Receives Refusable Offer From "Patent Trademark Register"
- Guest Comment: Pamela Chestek on the TTAB's Bose v. Hexawave Ruling re "Use in Commerce"
- PTO Proposes Rule Changes Regarding Express Mail and Certificate of Mailing Filings
- TTAB Posts April 2008 Hearing Schedule
Text and last two photographs copyright John L. Welch 2008.
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