Friday, July 07, 2017

TTABlog Mid-Year Report: 18 Precedential Opinions Thus Far

At the midpoint of calendar year 2017, the TTAB has issued 18 precedential opinions. [Note that the TTAB counts them on a fiscal year basis]. Three surname cases continued the Board's de-emphasis on surname rareness. Two phantom mark cases and two Section 2(b) insignia cases made rare appearance on the precedential list. Another marijuana ruling confirmed the predominance of the federal Controlled Substances Act in the Board's analysis. And the certification mark TEQUILA cleared the opposition hurdle.

Section 2(a) - Deceptiveness:
Section 2(b) - Flag, Coat of Arms, or Other Insignia:
Section 2(d) - Likelihood of Confusion:

Section 2(e)(1) - Mere Descriptiveness
    Section 2(e)(4) - Primarily Merely a Surname: 

    Application Requirements/Lawful Use/Specimen of Use:
    Certification Mark Control:

    Failure to Function/Phantom Mark:


    Text Copyright John L. Welch 2017.


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