Tuesday, January 06, 2009

TTAB Issued 55 Precedential Decisions in 2008

The TTAB issued fifty-five (55) precedential decsions in 2008, a slight drop-off from last year's total of 67. Its fraud ruling in University Games (No. 27) and its rulings on the applicant's lack of bona fide intent in the ENYCE (16) and SEX ROD (41) cases may have been the most noteworthy. In the MOSKOVSKAYA vodka case (6), the Board clarified the meaning of "ordinary American purchaser" under the doctrine of foreign equivalents. And in a half-dozen or so procedural rulings, it dealt with various aspects of the TTAB rules as amended in 2007.

Section 2(a) - Disparagement:

Section 2(a) - Suggesting a False Connection:

Section 2(a) - Scandalous:

Section 2(d) - Likelihood of Confusion:

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

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

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

Section 2(f) - Acquired Distinctiveness:


Failure to Function:



Lack of Bona Fide Intent:


Pan American Convention:

Phantom Mark:

Procedural Issues:

Res Judicata/Collateral Estoppel:

Rule 2.61(b) - PTO Demand for Information:

Single Artistic Work:

Specimens of Use/Drawing:

Use in Commerce:

Text and Photographs Copyright John L. Welch 2008-9.


Post a Comment

<< Home