TTABlog Quarterly Index: April - June 2020

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Section 2(a) - False Association:

• TTAB Affirms Section 2(a) False Association Refusal of REAGAN WORLD for Information Services

Section 2(b) - Simulation of Flag:

• Precedential No. 18: TTAB Upholds 2(b) Refusal of "Civil Rights Trail" Logo Containing Simulation of U.S. Flag

Section 2(d) - Likelihood of Confusion:

• TTABlog Test: Are These Two "IMMORTAL" Marks for Wine Confusable?
• TTABlog Test: Is HONEYCOMB WAXING STUDIO Confusable With HONEYCOMB SALON?
• TTABlog Test: Is SPACE PACK Confusable with SPACE BAG for Storage Bags [Yes]
• IBKÜL Confusable with KÜHL for Clothing, Says TTAB
• TTABlog Test: Is "BARE" for Sausage Confusable with "JUST BARE" for Poultry?
• Disney's TINKERBELL Bests TEEN TINK In TTAB 2(d) Fairy Fracas
• TTABlog Test: Are SWEET VIBRATIONS and GOOD VIBRATIONS Confusable for Adult Sexual Products?[Yes]
• Precedential No. 21: Oral Intra-Family License With Informal Control Sufficient to Qualify Licensee as Related Company
• TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Come Out?
• Precedential No. 20: TTAB Rejects "ERA" Family of Marks Claim, but Finds PRO ERA Confusable With NEW ERA for Caps
• Precedential No. 19: TTAB FInds "REAL MICHIGAN" for Hard Cider Confusable With "MICHIGAN APPLES" Geographic Certification Mark
• TTABlog Test: Is JIOKIA Confusable with NOKIA for Electronic Mail Services? [Yes]
• TTABlog Test: TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Come Out?
• TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Come Out?
• TTABlog Test: Are GOLD CROWN and DIAMOND CROWN Confusingly Similar for Cigars? [no]
• TTABlog Test: Is LORD LION WINERY for Wine Confusable With LORD LYON for Beer? [Yes]
• Nike Crushes Pro Se Applicants in JUST DREW IT! Opposition
• TTABlog Test: Are These Two Stylized "BN" Marks for Jewelry Confusingly Similar?
• Presidential No.17: TTAB Affirms Section 2(d) and Disclaimer Refusals of INFORMATION BUILDERS & Design
• Precedential No. 15: TTAB Dismisses MOKE Opposition Due to Failure to Prove Priority
• Rejecting Applicant's Stylization Argument, TTAB Affirms UNO Section 2(d) Refusal
• TTABlog Test: Which One of These Three Section 2(d) Refusals Was Reversed?
• Ric Flair Loses TTAB Appeal of Section 2(d) Refusal of NATURE BOY for Clothing
• TTABlog Test: Is BOOTYMAXX for Vitamins Confusable WIth BOOTYMAXTV for Non-Pornographic Videos? [No]
• Precedential No. 14: On Remand from CAFC, TTAB Considers 8th DuPont Factor, Affirms Section 2(d) Refusal of GUILD MORTGAGE COMPANY
• TTABlog Test: Which One of These Three Section 2(d) Refusals Was Reversed?

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

• TTAB Sustains Two-Pronged Section 2(e)(1) Opposition to ANDRÉ-CHARLES BOULLE for Furniture
• TTABlog Test: Is STAGER Merely Descriptive of Theatrical Production Software? [Yes]
• TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
• TTABlog Test: Is HIGH SPEED STEPPING Merely Descriptive of Laboratory Analyzers?
• TTABlog Test: Must "FARM" Be Disclaimed in MONSALVAT FARM for Honey and Maple Syrup? [Yes]
• Precedential No. 16: TTAB Rules that Disclaimer of a Term Is Required as to All Services in a Class If Descriptive As to Any
• TTABlog Test: Is BLOCKCHAIN DRILLING Merely Descriptive of Offshore Drilling Services?
• TTABlog Test: Is SPIKE Merely Descriptive of Clothing and Leather Goods? [Yes]

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

• TTAB Finds AMERICAN OUTDOOR BRANDS CORPORATION Geographically Descriptive, Affirms Refusals in 30 Applications

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

• TTAB Finds KOTA JAPAN Primarily Geographically Deceptively Misdescriptive for Knife Sharpening Tools

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

• TTABlog Test: Is DARBYSHIRE Primarily Merely a Surname Under Section 2(e)(4)? [No]

Section 2(f) - Acquired Distinctiveness:

• Reversing Section 2(e)(1) Refusal, TTAB Finds "MINKY COUTURE" Has Acquired Distinctiveness for Blankets

Abandonment/Nonuse:

• TTAB Tosses Out CHICLETS (Chewing Gum) Abandonment Claim
• Rejecting Abandonment and Fraud Claims, TTAB Denies Petition to Cancel DEVIL'S CANYON VINEYARD Registration
• TTAB Orders Cancellation of SHOTTAS Registration Due to Nonuse (Video Games, Clothing, and Entertainment Services)
• TTAB Denies Cancellation of ORGANIC ZONE: Petitioner Fails to Make Prima Facie Case of Abandonment
• TTAB Grants Petition for Cancellation of ROSS Registration for Bicycles on Abandonment Ground

Dilution:

• Professor J. Thomas McCarthy Comments on the JUST DREW IT! Dilution Ruling
• Nike Crushes Pro Se Applicants in JUST DREW IT! Opposition

Genericness:

• TTAB Dismisses "ZEN SPA & Design" Cancellation Petition for Failure to Prove Genericness
• TTAB Dismisses Counterclaim on Summary Judgment for Failure to Prove SNAPCHAT is Generic
• TTAB Finds CARDLESS CASH Generic for . . . . Guess What?

Ownership:

• Precedential No. 21: Oral Intra-Family License With Informal Control Sufficient to Qualify Licensee as Related Company

Section 18 - Restriction of Registration:

• TTAB Denies Section 18 Petition to Restrict "CodeRED" Registration

Unacceptable Specimen:

• TTAB Affirms Rejection of Specimen That Fails to Associate the Mark with the Identified Services

Unlawful Use:

• Precedential No. 24: Finding a Per Se Violation of the FDCA, TTAB Affirms Unlawful Use Refusal of "CW" for Hemp Oil Extracts

Concurrent Use:

• Two Recent Concurrent Use Rulings From The TTAB

Discovery/Evidence/Procedure:

• Precedential No. 23: TTAB Says Rule 30(b)(6) Corporate Deponent Must Travel to Corporation's Principal Place of Business
• Precedential No. 22: TTAB Denies Motion for Leave to Take More Than Ten Discovery Depositions
• TTAB Dismisses "DM" Cancellation Because Petitioner Failed to Prove Standing
• Precedential No. 15: TTAB Dismisses MOKE Opposition Due to Failure to Prove Priority

CAFC Decisions:

• CAFC Affirms TTAB: STRATUS NETWORKS Confusable With STRATA NETWORKS for Telecommunications Services
• CAFC Vacates TTAB Decision, Rules That Color Marks for Product Packaging Can Be Inherently Distinctive

Other:

• TTAB Posts June 2020 (Video) Hearing Schedule
• TTABlog Test: Three Ex Parte Decisions - How Did They Come Out?
• TTAB Posts May 2020 (Video) Hearing Scheduling
• Supreme Court Lowers the Bar for Obtaining a Trademark Infringer’s Profits
• Brief Report on the Trademark Public Advisory Committee (TPAC) Presentation: April 17, 2020
• TTAB Posts April 2020 Hearing Scheduling

Text Copyright John L. Welch 2020.