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  • Article

    Finding Bicycles And Clothing Related, TTAB Sustains KÜHL Opposition To KU:L

    Third-party registration and use evidence led the Board to sustain this opposition to registration of the mark KU:L in stylized form...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 29: TTAB Affirms Refusal Of "DRINK MORE BEER" For Bottle Caps: Not Used As A Source Indicator

    To be registrable, a proposed trademark must function as a source indicator in the eyes of relevant consumers.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
Article

TTAB Affirms Rejection Of Applicant's Own Magazine As Specimen For Publishing Services

The Board affirmed a refusal to register the mark BEARPLAY for "magazine publishing; publication of entertainment magazines for gay men" on the ground that the specimens of use submitted by applicant failed to show use of the mark with the recited services.
United StatesIntellectual Property
Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
  • Article

    TTAB Decides Ownership Dispute Over THE COWBOY ARMS HOTEL AND RECORDING SPA For Recording Studio Services

    In an ownership dispute that "has the makings of a country song," the Board found that legendary country singer Cowboy Jack Clement and Opposer Clementvision, Inc., a company he formed,...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Enters Summary Judgment Based On Issue Preclusion: District Court Decided Ownership Issue

    As to factor 4, there was no genuine dispute that applicant had a full and fair opportunity to litigate the ownership issue in the civil action.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Sustains Opposition To HOLLYWOOD HOTEL On Non-Ownership Ground

    The Board sustained an opposition to registration of HOLLYWOOD HOTEL for hotel and bar services, finding that the applicant was not the owner of the mark at the time it filed its application to register.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: Which Of These Three Section 2(d) Refusals Was Reversed?

    The Board recently decided the appeals from the three Section 2(d) refusals described below. One of the refusals was reversed. Let's see how you do.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

    The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them. Answer will be found in the first comment.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

    Here are three recent Board decisions in Section 2(d) appeals. I'm not giving any hints, so you're on your own, buddy.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?

    The TTAB recently ruled on the appeals from three Section 2(e)(1) mere descriptiveness refusals summarized below. Let's see how you do with them, keeping in mind that the Board affirms
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: Which Of These Section 2(d) Refusals Was/Were Reversed?

    A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    APEX 3D For Ankle Implant Materials And Instruments Confusable With APEX For Bone Pins And Screws, Says TTAB

    The Board issued its 155th (CLV) Section 2(d) affirmance this year (against 11 (XI) reversals), finding the mark APEX 3D for "Medical devices, namely, ankle joint implants comprised...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Affirms TTAB: FOCUSVISION Confusable With FOCUS For Data Management Software

    In a straightforward, nonprecedential opinion, the CAFC affirmed the TTAB's decision [here] sustaining an opposition to registration of the mark FOCUSVISION for online software for conducting market research, ..
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Vacates And Remands TTAB's IBKÜL Decision: The KÜHL Registration It Relied On Was Cancelled

    In its decision (here) finding likelihood of confusion between the mark IBKÜL (stylized) and the mark KÜHL, both for clothing items, the Board considered only one of four of Alfwear's registered marks.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    "DEHYDRATION RELIEF FAST" Incapable Of Functioning As A Trademark For Hydration Solution Products, Says TTAB

    Finding Applicant Drip Drop's proposed mark DEHYDRATION RELIEF FAST for electrolyte powders and electrolyte replacement solutions, to be incapable of functioning as a trademark...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    HERE FOR THE GIRLS Confusable With FOR THE GIRLS For Cancer-Related Services, Says TTAB

    The Board affirmed a refusal to register HERE FOR THE GIRLS for "Charitable services, namely, providing emotional support services for improvement of young womens [sic]
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    In 2017, How Often Did The TTAB Affirm Section 2(E)(1) Mere Descriptiveness Refusals?

    I have reviewed the TTAB's FOIA page in an attempt to estimate the percentage of Section 2(e)(1) mere descriptiveness refusals that were affirmed by the Board during the last calendar year (2017).
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Lululemon Yoga Mat Configuration Lacks Acquired Distinctiveness, Says TTAB

    The TTAB affirmed a refusal to register the product configuration shown below, for "yoga mats," the purported mark being described as "a three-dimensional configuration of a rectangular-shaped yoga mat...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    New Deputy Chief Judge Joins TTAB

    Chief Judge Rogers has announced the appointment of Mark A. Thurmon as the new Deputy Chief Administrative Trademark Judge for the TTAB. The new Deputy will join the Board on May 28, 2019.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    On Remand, TTAB Reverses Course And Finds EARNHARDT COLLECTION To Be Primarily Merely A Surname

    On remand from the CAFC, the TTAB sustained these two oppositions, finding the mark EARNHARDT COLLECTION for "furniture" and "custom construction of homes" to be primarily merely a surname under Section 2(e)(4).
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Showing 161–180 of 1424 results

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