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  • Article

    Finding Sound Equipment Related To Repair And Retail Services, TTAB Affirms SOUNDSCAPE Refusal

    Applicant Soundscape, Inc. pulled out all the stops but its arguments for reversal of this Section 2(d) refusal failed to move the TTAB.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Fourth Circuit Affirms E.D.Va.: VAGISAN Confusable With VAGISIL For Feminine Hygiene Products

    The U.S. Court of Appeals for the Fourth Circuit affirmed the E.D.Va's May 23, 2019 decision [TTABlogged here] reversing the TTAB's dismissal of Combe Incorporated's Section 2(d) opposition to ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
  • Article

    In 2018, What Was The Rate Of TTAB Affirmance Of Section 2(d) Refusals To Register?

    That's an affirmance rate of 91.3%, or slightly more than 9 out of 10.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    In 2021, How Often Did The TTAB Affirm Section 2(e)(1) Mere Descriptiveness Refusals?

    I have again reviewed the TTAB's FOIA page (now called the "TTAB Reading Room") in order to estimate the percentage of Section 2(e)(1) mere descriptiveness refusals that were affirmed by the Board during the last calendar year (2021).
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    In View Of Applicant's 11 Existing Registrations, TTAB Reverses 4 Failure-To-Function Refusals Of RANDOM ACTS OF KINDNESS

    The Board reversed four failure-to-function refusals of the mark RANDOM ACTS OF KINDNESS, in the special form shown below, for goods and services relating to the promotion and encouragement
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Is BAZAAR HOME A Double Entendre, Or Merely Descriptive Of Retail Furniture Services?

    The USPTO refused registration of the mark BAZAAR HOME, finding it merely descriptive of "Retail and online retail store services featuring furniture...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    MR1109, MR1108, And MR1107 Fail To Function As Trademarks For Electric Motors, Says TTAB

    [This guest post was authored by John L. Strand, Shareholder in the Trademark and Litigation Groups at Wolf Greenfield.]
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    On Reconsideration, TTAB Says Settlement Agreement Calling For Abandonment Of Opposed Application Is Not Consent To Dismissal Without Prejudice

    In a rare granting of a motion for reconsideration, the Board vacated its order of December 28, 2018 ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Package Configuration Mark For Canned Fish Deemed Non-Functional But Lacks Acquired Distinctiveness, Says TTAB

    The Board reversed a Section 2(e)(5) refusal to register the package configuration mark shown below, for "canned fish; tinned fish."
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 12: TTAB Delivers Up A Nothingburger To Applicant Seeking To Strike Testimony And Evidence

    In a precedential interlocutory order, the Board delivered up a nothingburger to Applicant Eifit LLC on its motion to strike certain of Opposer Icon Health's testimony and evidence.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 16: Options For Cross-Exam Of Foreign Trial Witness Are Limited, Says TTAB

    In this long-running cancellation proceeding aimed at a registration for the mark COHIBA for cigars, the Board considered.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 16: TTAB Unsurprisingly Finds "NATURE MADE" Confusable With "MADE IN NATURE" For Fruit And Snack Products

    In a 61-page opinion, the Board sustained three oppositions to registration of the mark NATURE MADE for various foods and beverages, including snack bars containing dried fruits and fruit juice
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 17: TTAB Dismisses "HUNGRY" Section 2(d) Opposition Due To False Testimony And Spoliation Of Evidence

    Finding that Opposer Rapid Inc.'s star witness "had not only been been dishonest with the Board, but he also engaged in spoliation of evidence,"...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 22: TTAB Grants Petition To Cancel CHENOA FUND Registration For Mortgage Services Due To Non-Ownership

    The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 28: Nunc Pro Tunc Assignment Confirming Oral Agreement Suffices To Establish Priority

    In this dubiously precedential decision, the Board granted Petitioner Narita Export's motion for summary judgment, unsurprisingly finding the registered mark TONOSAMA for gift baskets...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 3: Rejecting Motion To Expand Identification Of Goods, TTAB Sustains EN-D-FENDER Opposition For Nonuse

    The Board re-designated as precedential its decision (on summary judgment) sustaining guitar-maker Fender's opposition to registration of the mark EN-D-FENDER for "musical instruments,"...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 30: Finding No Error, TTAB Rejects Reconsideration Request Re "DEEP OPTO PROFILING" Descriptiveness Affirmance

    The TTAB rejected Applicant Berkeley Lights' quixotic request for reconsideration of the Board's January 2022 decision affirming a Section 2(e)(1) mere descriptiveness refusal of DEEP OPTO PROFILING for various chemicals ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 34: TTAB Affirms Nonuse Refusal - Service Mark Use Requires Rendering Of The Services, Not Just Preparation

    In a somewhat muddled decision, the Board affirmed a refusal to register the proposed mark HAVE SOME DECENCY for various charitable fund raising services on the ground ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 4: TTAB Reverses Rejection Of Downloadable Software Specimen Showing Mark In On-Screen Display

    The TTAB reversed a refusal to register the mark AWLVIEW for, inter alia, warehouse inventory management software, overturning the USPTO's rejection of applicant's specimen of use.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 8: TTAB Orders Cancellation Of "NT-MDT" Registration Due To Nonuse

    In a soporific, yet precedential decision, the Board granted a petition for cancellation of a registration for the mark NT-MDT (in the design form shown below) for, inter alia, microscopes...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Showing 281–300 of 1424 results

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