TTAB Quarterly Index: January - March 2025

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Section 2(a) Deceptiveness:

• TTABlog Test: Is ECOTWEED Deceptive for "Footwear made of a Tweed-like Material"? [Yes]

Section 2(c) - Consent of Living Individual:

• TTAB Upholds Four Section 2(c) Refusals of Anti-Trump Marks Due to Lack of Consent

Section 2(d) - Likelihood of Confusion:

• TTABlog Test: Is KINGS ARMOR Confusable with UNDER ARMOUR for Clothing?
• TTABlog Test: Are Sexual Arousal Supplements Related to Hair Care Products Under Section 2(d)? [Yes]
• TTABlog Test: Is STEED COMPANY Confusable with CORCEL for Clothing? [Yes]
• TTAB Upholds 2(d) and 2(e)(4) Bifusal of WYSE LONDON for Clothing
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTAB Denies Section 2(d) Cancellation Petition due to Unconvincing Testimony Regarding Priority
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?
• Finding Restaurant Services Related to Paper Food Containers, TTAB Sustains DON'T MESS WITH TEX-MEX Opposition
• TTABlog Test: Is CLEANFACE Confusable with DR.BELMEUR CLEAN FACE for Beauty Products? [No]
• TTABlog Test: Are Educational Services for Incarcerated Individuals Related to Legal Services Under Section 2(d)? [Yes]
• TTABlog Test: Are Cosmetics Related to Bottled Water for Section 2(d) Purposes?
• TTABlog Test: Are Pizza Parlors and Baked Goods Related Under Section 2(d)? [Yes]

• RTC RICH TRAPPERS CLUB Logo Not Confusable with RTC for Clothing, Says TTAB
• Eleven Third-Party Uses of "Cowbell" Not Enough to Overcome Cited COWBELL CREAM ALE Registration
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?
• TTAB Reverses Section 2(d) Refusal of "12 & Design" for Cosmetics Due to Third-Party Registration Evidence
• TTAB Reverses USPTO's Section 2(d) Refusal of PBE AWARDS & Design for Marketing Award Services
• E.D. Va. Reverses TTAB's Precedential Decision in HME Opposition, Orders USPTO to Issue Registration
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out
• TTAB Reverses Section 2(d) Refusal of FITO for Seeds Due to Dissimilarity of Marks and 13th DuPont Factor (Strategic Partners)
• Opposer Proves Prior Use of Common Law REVOLUTION JEWELRY WORKS Marks, Wins Opposition Battle
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• In 2024, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register?

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

• TTABlog Test: How Did These Recent Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
• In 2024, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness/Disclaimer Refusals?
• Precedential No. 30: Illustration of Block Puzzle Merely Descriptive of Computer Game Software, Says TTAB

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

• TTAB Upholds 2(d) and 2(e)(4) Bifusal of WYSE LONDON for Clothing
• TTABlog Test: Is SELECT BY LANDRY'S Primarily Merely a Surname for a Customer Reward Program?

Section 2(e)(5) - Functionality:

• TTAB Lets Stand Bifusal of Leveling Leg Configuration: De Jure Functional and Non-Distinctive
• TTAB Affirms 2e5 Functionality Refusal of Fire Extinguisher Pressure Gauge Configuration, Despite Applicant's Design Patent
• CAFC Affirms TTAB: Pink Color De Jure Functional for Hip Joint Implants
• Precedential No. 1: TTAB Upholds USPTO Objections to Over-Inclusive Drawings for Watch Configuration Marks

Section 2(f) - Acquired Distinctiveness:

• Precedential No. 1: TTAB Upholds USPTO Objections to Over-Inclusive Drawings for Watch Configuration Marks

Section 14(3) - Misrepresentation of Source:

• Precedential No. 2: TTAB Sustains Section 14(3) Opposition to LA MONTSERRATINA for Meat Products Based on Reputation in USA Without Use

Abandonment/Nonuse/Specimen of Use:

• TTAB Finds "RUFFAREE" T-Shirt Specimen Acceptable for Dog Park Services
• TTAB Denies "DISORDERLY FASHION" Nonuse Cancellation Petition: It's Hard to Prove a Negative

Dilution:

• PANERA Fails to Prove Fame Before Applicant's First Use Date, TTAB Dismisses Opposition to PANERALUX for Unrelated Products
• Porn Star Name GIGI DIOR Dilutes-by-Blurring Famous DIOR Mark

Failure-to-Function:

• BON VOYAGE Fails to Function as a Trademark for Travel Pillows, Sinking Cancellation Petitioner's 2(d) Claim

Fraud:

• On Remand, Great Concepts Escapes With TTAB Wrist Slap for its Fraudulent Section 15 Declaration

Genericness:

• TTABlog Test: Is MUSH Generic for Oat-Based Cereals? [Yes]
• TTAB Finds "BRILLIANT ROSE" Generic for . . . Guess What?
• TTAB Finds MENTCHEES Generic for .... Guess What?

Non-ownership:

• Applicant Contractually Barred from Using Mark in 11 Metro Areas Still Entitled to Registration
• On Summary Judgment TTAB Sustains Opposition: Applicant Merely Re-packaged Branded Goods and so Does Not Own the Mark
• TTAB Grants Petition to Cancel VIVACE Registration for Microneedling Device: Manufacturer Owns the Mark, Not Distributor

Prosecution Issues:

• Precedential No. 1: TTAB Upholds USPTO Objections to Over-Inclusive Drawings for Watch Configuration Marks

Discovery/Evidence/Procedure:

• Precedential No. 3: Dismissal with Prejudice but Without Judgment Suffices for Claim Preclusion Defense
• Res Judicata Thwarts Applicant Seeking to End Run Prior Opposition by Limiting Services in Second Applications

CAFC Decisions:

• CAFC Affirms TTAB's MONEY MART Decision, Confirming that Zone of Natural Expansion Doctrine Applies Only Defensively
• CAFC Affirms TTAB's Dismissal of BULLSHINE FIREBULL Opposition Despite Commercial Strength of FIREBALL for Whisky
• CAFC Hears Oral Arguments in FUCK and RAPUNZEL Appeals
• CAFC Affirms TTAB: Pink Color De Jure Functional for Hip Joint Implants

Other:

• Current Roster of TTAB Judges
• The Trademark Reporter's 2025 "Annual Review" of U.S. Trademark Cases
• TTAB Posts March 2025 Hearing Schedule
• Three Recent Inter Partes Proceedings: The Bigger They Are ....
• TTAB Posts February 2025 Hearing Schedule
• TTAB Chief Judge Gerard F. Rogers Retires; Thomas V. Shaw Appointed Acting Chief Judge
• The Top Ten TTAB Decisions of 2024 (Part II)
• The Top Ten TTAB Decisions of 2024 (Part I)

Text © John L. Welch 2025.