The TTAB Issued 35 Precedential Opinions in 2023
The Board issued 34 precedential opinions in calendar 2023, a total slightly lower than in recent years. A number of trademark practitioners believe that the TTAB should be issuing more precedential decisions. The Board has made available a form for nominating a Board decision as precedential. (link here). [Good luck with that.]
Section 2(d) - Likelihood of Confusion:
- Precedential No. 34: TTAB Dismisses Monster Energy's Section 2(d) Claim On Summary Judgment Due to DIssimilarity of Design Marks
- Precedential No. 29: After an Exhausting 2(d) Analysis, TTAB Finds HME (Stylized) Confusable with KME for Building Products
- Precedential No. 27: TTAB Renders Split Decision in Appeal From Section 2(d) Refusal of IMPACT for Various Healthcare Services
- Precedential No. 12: TTAB Hands Win to MLBPA and Aaron Judge In Opposition to Judicial-Themed Trademarks for Clothing
- Precedential No. 5: TTAB Finds ICE MONSTER & Design Confusable With MONSTER ENERGY for Restaurant Services
Inherent/Acquired Distinctiveness:
- Precedential No. 16: TTAB Finds Guitar Shape for Hotel to be Inherently Distinctive
- Precedential No. 17: TTAB Finds Hotel Shape Not Inherently Distinctive and Lacking in Acquired Distinctiveness
Failure-to-Function:
- Precedential No. 33: TTAB Reverses Failure-to-Function Refusal of "FOLLOW THE LEADER" for Credit Card and Travel Services
- Precedential No. 23: As Used on Applicant's Specimen, Depiction of Computer Game Character Fails to Function as a Trademark
- Precedential No. 22: TTAB Affirms "Single Work" Refusal of Book Title, Finding Translation Not a Separate Work
- Precedential No. 18: BOYS WORLD Functions Not Only as the Name of a Musical Group, But Also as a Trademark
- Precedential No. 7: TTAB Reverses Failure-to-Function Refusal of Lizzo's "100% THAT BITCH" for Clothing Items
Genericness
Goods in Trade:
Illegal Use:
Laches: Nonuse:Ownership:
Specimens of Use:- Precedential No. 20: Deeming Duracell's In-Store Sound Mark a Display Associated With the Goods, TTAB Reverses Specimen Refusal
- Precedential No. 9: Business Card Specimen Does Not Prove Use of Collective Membership Mark, Says TTAB
Entitlement to a Statutory Cause of Action:
- Precedential No. 14: TTAB Dismisses RAPUNZEL Opposition: Professor Failed to Prove Entitlement to a Cause of Action
- Precedential No. 4: Foreign Cancellation Petitioner Fails to Meet Lexmark Test for "Standing" But TTAB Allows Time to Amend Petition
- Precedential No. 35: TTAB Grants Motion to Sever Permissive Counterclaim from Cancellation Proceeding
- Precedential No. 32: No Preclusive Effect in Cancellation Proceeding if Challenged Registration Survives Reexamination or Expungement
- Precedential No. 30: TTAB Grants Motion for Leave to Take Foreign Discovery Depositions by Videoconference
- Precedential No. 28: TTAB Gives Opposer Leave to Correct Its Botched Notice of Reliance and Testimony Declaration
- Precedential No. 26: Listing of Application on ESTTA Cover Sheet Suffices for Claim of Common Law Rights in Opposition to Section 66(a) Application
- Precedential No. 25: TTAB Deems Grace Period Petition for Cancellation Moot When Registrant Failed to Renew
- Precedential No. 24: Claim for Violation of Section 10 "Anti-Assignment" Provision Is Time-Barred by Section 14
- Precedential No. 21: TTAB Rules That Sur-Sur-Rebuttal Expert Reports Are Never Permitted
- Precedential No. 10: TTAB Confirms that Once Opposer's Mark is Registered, Priority is No Longer an Issue
Text Copyright John L. Welch 2023.
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