TTABlog Quarterly Index: October - December 2024

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Section 2(d) - Likelihood of Confusion:

• TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Turn Out?
• Heck Freezes Over: USPTO Fails to Prove Gin Related to Beer Under Section 2(d)
• TTABlog Test: Three Section 2(d) Appeals - Affirmed or Reversed?
• TTABlog Test: Is SWAG GOLF for Clothing Confusable with SWAG for Belt Buckles? [Yes]
• TTABlog Test: Three Recent Section 2(d) Oppositions - Which Was/Were Dismissed?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?
• JERSEY GIRL WHISKEY for Distilled Spirits Confusable with JERSEY GIRL for Beer and Wine, Says TTAB

• Another Strategic Partners Argument Fails: TTAB Affirms Refusal of "REACH & Design" for Vehicle Parts
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?
• Precedential No. 28: TRIPLEYE Not Confusable With 3RD EYE for Optical Monitoring Software and Services, Says TTAB
• TTAB Affirms Refusal of ENDURELITE in view of ENDUROLETE for Supplements, Rejecting Strategic Partners Argument
• TTABlog Test: Three Section 2(d) Appeals - Affirmed or Reversed?
• PICKWELL FARMS Confusable with PICTSWEET FARMS for Frozen Vegetables, Says TTAB
• TTABlog Test: Is AGAVE BLACK Confusable with BLACK AGAVE ESPECIAL for Skin Care Preparations? [Yes]

• TTABlog Test: Three Section 2(d) Appeals - Affirmed or Reversed?
• TTAB Reverses 2(d) Refusals of "SUN CHLORELLA" for Noodles Due to Crowded Field
• TTAB Finds Energy Drinks Related to Nutritional Supplements and Pickles
• TTABlog Test: Is This Word-and-Design Mark Confusable with PASION, Both for Cigars?
• TTABlog Test: Is FIJIAN SPICE COMPANY for Spices Confusable with FIJI for Drinking Water?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed on Appeal?
• TTABlog Test: Three Recent Section 2(d) Oppositions - How Do You Think They Came Out?
• Precedential No. 25: TTAB Awards Priority to Opposer over Its Employee, Sustains Opposition to DISTRICT OF FASHION Mark
• TTABlog Test: Three Section 2(d) Appeals - Affirmed or Reversed?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?
• Consent Agreement Trumps Other DuPont Factors in Reversal of Section 2(d) Refusal
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?

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

• TTABlog Test: Is CERTIFIED SUGAR DADDY Merely Descriptive of Dating Software and Services? [Yes]
• TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
• TTABlog Test: Is PHYSICIANCARE Merely Descriptive of Software and Services Enabling Manufacturers to Deliver Information to Healthcare Providers?

• TTABlog Test: Must "CATTLE COMPANY" Be Disclaimed in "ROCK CREEK CATTLE COMPANY" for Real Estate Development Services?
• TTABlog Test: Must "Pop! Popcorn" Be Disclaimed in "Harry & David Pop! Popcorn" for Popcorn?

Section 2(f) - Acquired Distinctiveness:

• "Sunflower in Lapel" for Legal Services Lacks Acquired Distinctiveness, Says TTAB

Abandonment:

• In Second Stage of Cancellation Proceeding, TTAB Deems RASCAL HOUSE Abandoned for Restaurant Services

Failure to Function/Specimen of Use:

• "PROMATCH" for Drum Sticks Identifies a Process, Fails to Function as a Trademark
• TTAB Dubiously Finds that Vertical Light Beams atop Guitar-Shaped Building Fail to Function as a Source Indicator

• Does "FIRST LOOK" Fail to Function as a Source Indicator for Retail Membership Club Services?
• TTAB Dismisses FIRST YEAR DOWN Opposition: Failure-to-Function and Fraud Claims Fail
• TTAB Remands Failure-to-Function Refusal to USPTO for Consideration of Descriptiveness and Deceptiveness
• "SURVIVAL + Greek Cross Design" Fails to Function as a Trademark for First Aid Kits, Says TTAB
• Faulty Specimen Sinks YACHTLY Application for Yacht Chartering Services
• TTAB Wrestles with Applicant over Specimen Refusal: Guess Who Won?
• TTAB Affirms Refusal Because Specimens Show Use of Mark with Mobile App but not SAAS
• Ornamental Design on Jewelry and Clothing Fails to Function as a Trademark, Says TTAB

Fraud:

• TTAB Dismisses FIRST YEAR DOWN Opposition: Failure-to-Function and Fraud Claims Fail

Genericness:

• District Court Overturns USPTO's Genericness Refusal of SPECTACLES for "Smart Glasses"

Discovery/Evidence/Procedure:

• TTAB Dismisses 2d Opposition to VSS GLOBAL for Vedic Educational Services, But Remands Application for Consideration of Non-Distinctiveness
• Precedential No. 26: TTAB Denies Motion to Compel: Responding without Objection to First Set of Discovery Requests does not Preclude Excessiveness Objection to Second Set
• TTAB Denies Motion For Relief from Judgment After Applicant Failed to Appoint U.S. Counsel
• Precedential No. 24: TTAB Rejects Law School Amicus Brief, Denies Partial Summary Judgment, and Tosses Out Six Affirmative Defenses

Pan-American Convention:

• Precedential No. 27: TTAB Dismisses Empresa Cubana's Pan-Am Article 8 Claim, But With Leave To Re-Plead

Recommended Reading:

• Recommended Reading: The Trademark Reporter's Theme Issue on Artificial Intelligence
• Recommended Reading: The Trademark Reporter, September-October 2024 Issue
• Recommended Reading: Farmer and Bosnic: "2023-24 Trademarks Developments"

Other:

• TTAB Posts January 2025 Hearing Schedule
• Precedential No. 29: USPTO Has Inherent Authority to Correct its Error by Cancelling Inadvertently Issued Registration
• Three Recent Inter Partes "Disasters" - Don't let this Happen to You
• INTA Files Proposed Amicus Brief in Peju's Appeal: SDNY Erred in Applying Issue Preclusion Based on TTAB Decision
• Peju Pursues Appeal of SDNY Decision Misapplying B&B Hardware On Issue Preclusion

• TTAB Posts December 2024 Hearing Schedule
• November 2024 Update of TMEP Now Available
• TTABlog Celebrates 20th Anniversary !
• TTAB Posts November 2024 Hearing Schedule
• Replay of and Slides from Michael Keyes Webinar on "Avoiding Consumer Survey Pitfalls at the TTAB"
• TTABlog Webinar: Michael Keyes on "Avoiding Consumer Survey Pitfalls at the TTAB"

Text © John L. Welch 2024.