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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