Thursday, May 30, 2024

TTAB Issues Correction of CINNAMON DONUT STOUT Opinion Regarding Genericness Burden of Proof

The Board has issued a corrected opinion (here) in the CINNAMON DONUT STOUT appeal because it misstated the USPTO's burden of proof for establishing genericness. As pointed out by the TTABlogger and Michael Hall, the original opinion (TTABlogged here) stated that "clear and convincing" evidence was required. Not so, according to last year's precedential Uman Diagnostics ruling, which held that the USPTO's burden is a preponderance of the evidence.

Read comments and post your comment here.

TTABlogger comment: Michael Hall questioned that aspect of the Uman decision in an article TTABlogged here.

Text Copyright John L. Welch 2024.


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