TTABlog Quarterly Index: April - June 2022

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Section 2(a) - False Association:

• TTAB Reverses Section 2(a) False Association Refusal of "WILL AND KATE PHOTOGRAPHY" for Photography Services

Section 2(d) - Likelihood of Confusion:

• TTAB Finds Two KR Design Marks For Cosmetics Confusingly Similar
• IMAGINELABORATORIES.COM Confusable With IMAGINATION LABS For Telecommunication Consulting Services, Says TTAB
• TTAB Denies RESET Cancellation Petition Due to Failure to Show Relatedness of Opiod Treatment Software and Medical Sensors
• Precedential No. 16: TTAB Unsurprisingly Finds "NATURE MADE" Confusable With "MADE IN NATURE" for Fruit and Snack Products
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test Is "YOU'RE AN IDIOT" for Card Games Confusable With "YOU MUST BE AN IDIOT" for Board Games? [Yes]

• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: Are Entertainment Services and Clothing Related for Section 2(d) Purposes? [Yes]
• TTABlog Test: Are Drinking Game Equipment and Sports Balls Related for Section 2(d) Purposes? [Yes]
• Precedential No. 14: TTAB Allows Amendment to Applicant's Goods, Dismisses 2(d) Opposition to LUX ENHANCER
• TTABlog Test: Are Table Lamps and Lighting Fixtures Related for Section 2(d) Purposes? [Yes]
• TTAB Affirms "EVERLAST" Refusal on Res Judicata and Section 2(d) Grounds
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• In Light of Third-Party Use of "CLOVER," TTAB Reverses Two Section 2(d) Refusals of CLOVER CLUB Marks For Restaurant Services, But Affirms Two
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• Is "Make Shift Happen" (Stylized) Confusable With "Shift Happens!" (Stylized) for T-Shirts?
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: Is "NOJOKE" for E-Cigarette Products Confusable with "JOKER" for Cigarette Paper?
• Despite Strength of Kate Spade Marks, TTAB Dismisses Opposition to "WOLV & Spade Logo" for Watches

• TTABlog Test: Are Flavored Ices and Cupcakes Related for Section 2(d) Purposes? Are These Marks Confusingly Similar? [Yes]
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: Are Distilled Spirits and Lottery Services Related for Section 2(d) Purposes?
• Third-Party Use Evidence Falls Short: TTAB Affirms Section 2(d) Refusal of PROOF for "Restaurant services namely Pizza"
• TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: Are These Two "MLG" Marks Confusable for Legal Services?
• Precedential No. 11: TTAB Dismisses SKËNDERBEU Brandy Opposition for Failure to Prove Priority and Fraud
• Precedential No. 9: TTAB Overturns RAINCOAST DIP Section 2(d) Refusal in Light of Coexistence Agreement Pooh-poohed by USPTO

Section 2(e)(1) - Deceptive Misdescriptiveness

• TTABlog Test: Is AUBURN Deceptively Misdescriptive of Faucets? [No]

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

• TTABlog Test: Is "EZ INSTALL SLEEVE" Merely Descriptive of Pipe Fittings? [Yes]
• TTABlog Test: Is "GOLDN PAYDIRT" Merely Descriptive of Gold and Other Precious Metals? [Yes]
• TTABlog Test: Is "DIGITAL VISUAL OBSERVER" Merely Descriptive of Drone Managing and Tracking Software? [Yes]
• TTAB Deems "DIRECT DIVINE LIGHT HEALING" Generic for and Merely Descriptive of Educational Services in the Field of Spiritual Healing
• TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
• TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

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

• TTAB Dismisses Opposition to "CREEL" for Legal Services: Acquired Distinctiveness Overcomes Section 2(e)(4) Surname Claim
• TTAB Affirms Section 2(e)(4) Surname Refusal of VESS for Educational Services

Failure-to-Function:

• "EVERYBODY VS RACISM" Fails to Function as a Source Indicator for Bags, Clothing, and Public Interest Services, Says TTAB
• "DESIGNED, SOURCED AND BUILT IN THE USA" Fails to Function as a Trademark for Industrial Chemicals, Says TTAB

Fraud:

• Rejecting Abandonment and Fraud Claims, TTAB Denies Petition for Cancellation of "POLICE GAZETTE" Logo
• Precedential No. 11: TTAB Dismisses SKËNDERBEU Brandy Opposition for Failure to Prove Priority and Fraud

Genericness:

• TTAB Reverses Genericness Refusal of "MULLET" for Bicycles Due to Mixed Evidentiary Record
• USPTO Examination Guide 1-22: "Clarification of Examination Evidentiary Standard for Marks Refused as Generic"
• TTAB Deems "DIRECT DIVINE LIGHT HEALING" Generic for and Merely Descriptive of Educational Services in the Field of Spiritual Healing
• Precedential No. 10: TTAB Affirms Refusal to Register Handbag Shape: Generic and (Alternatively) Lacking Acquired Distinctiveness

Disclaimer Practice:

• Precedential No. 13: TTAB Reverses Disclaimer Requirement of "KID" in two Lego Marks Found to be Unitary

Specimens of Use/Nonuse/Non Ownership:

• TTAB Affirms FLIPPABLE FIRMNESS Refusal: Specimens Do Not Show Use With Retail Store Services
• Precedential No. 15: TTAB Dismisses Opposition to Section 66(a) Application: Nonownership Claim Unavailable
• TTAB Upholds Rejection of Specimens for "IT'S ABOUT THE FABRICS" for Performance Fabrics
• TTAB Affirms Refusal of "PVPW" for Delivery of Bottled Water, Due to Unacceptable Specimens of Use

Procedural Issues/Discovery:

• TTAB Affirms "EVERLAST" Refusal on Res Judicata and Section 2(d) Grounds
• TTAB Dismisses "PAWTY PACK" Opposition Due to Failure to Establish Entitlement to a Statutory Cause of Action (f/k/a "Standing")
• Precedential No. 12: TTAB Delivers Up a Nothingburger to Applicant Seeking to Strike Testimony and Evidence
• Precedential No. 8: TTAB Upholds Refusal Based on Applicant's Noncompliance with Domicile Address Requirement

CAFC Decisions:

• Attorney Argument Isn't Evidence: CAFC Affirms TTAB's "PARMA COFFEE" Decision
• CAFC Affirms TTAB' s LEHMAN BROTHERS Ruling of No Abandonment and Likelihood of Confusion

Recommended Reading:

Recommended Reading: INTA's Amicus Brief to the Ninth Circuit in the Jack Daniel's "BAD SPANIELS" Case

Other:

• Former Red Sox Nemesis Bucky Dent Applies to Register "BUCKY F'ING DENT" for Entertainment Services
• TTAB Posts July 2022 (Video) Hearing Schedule
• TTAB Posts June 2022 (Video) Hearing Schedule
• Twitter Poll Results: "After attending the INTA Annual Meeting in DC, did you test positive for Covid?"
• TTAB Considers Pilot Pretrial Conference Program
• Infringement Plaintiff May Rely on Priority Date of Madrid Protocol Extension of Protection to Establish Priority
• TTAB Posts May 2022 (Video) Hearing Schedule
• TTAB Posts April 2022 (Video) Hearing Schedule

Text Copyright John L. Welch 2022.