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  • Article

    Brief Report On The Trademark Public Advisory Committee (TPAC) Presentation: April 17, 2020

    A public meeting of the Trademark Public Advisory Committee (TPAC) was held online on April 17, 2020. The agenda and list of speakers may be found here. Here are the presentation slides.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Affirms TTAB: In Context, FIRST TUESDAY Merely Descriptive Of Lottery Services

    North Carolina's specimens of use included explanatory text such as "[n]ew scratch-offs the first Tuesday of every month.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
  • Article

    Precedential No. 1: TTAB Affirms Mere Descriptiveness Refusal Of "DXPORTAL" For An Internet Portal Providing Drug Prescription Information

    In a less that scintillating case, the Board affirmed a Section 2(e)(1) refusal to register the proposed mark DXPORTAL, finding the mark to be merely descriptive of "providing an Internet website portal in the...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Three Section 2(D) TTAB Cases: How Do You Think They Came Out?

    Here are three recently decided Section 2(d) cases: one opposition and two appeals. See if you can "guess" how they came out.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Denies RESET Cancellation Petition Due To Failure To Show Relatedness Of Opiod Treatment Software And Medical Sensors

    The Board denied a petition for cancellation of registrations for the mark RESET for "Software for the treatment of substance use disorder" and RESET-O for "Software for the treatment...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Dismisses "ZEN SPA & Design" Cancellation Petition For Failure To Prove Genericness

    The Board dismissed this petition for cancellation of a 2009 registration for the mark ZEN SPA & Design, shown below, for "Health spa services for health and wellness of the body and spirit offered....
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Test: Is GLOBAL GROWERS Merely Descriptive Of Frozen Fruits And Vegetables?

    The USPTO refused registration of the mark GLOBAL GROWERS under Section 2(e)(1), finding it merely descriptive of "Frozen fruits; Frozen vegetables."
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Test: Which One Of These Three Mere Descriptiveness Refusals Was Reversed?

    Here are three recent appeals from mere descriptiveness refusals under Section 2(e)(1). One of the refusals was reversed. Let's see how you do in the role of TTAB judge. [Answer in first comment].
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Upholds Rejection Of Specimens For "IT'S ABOUT THE FABRICS" For Performance Fabrics

    The Board affirmed the USPTO's refusal to register the proposed mark IT'S ABOUT THE FABRICSfor performance fabrics, finding that on applicant's specimens of use the phrase refers to a component of clothing...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: Is CUSHION COMFORT For Footwear Confusable With DIAMOND CUSHION COMFORT For Socks?

    The USPTO refused to register the mark CUSHION COMFORT, on the Supplemental Register, for footwear and various clothing items, but excluding socks...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: Is "SUPERSALT" Merely Descriptive Of Dietary Supplements?

    The USPTO refused to register the proposed mark SUPERSALT for "dietary supplements," on the ground of mere descriptiveness under Section 2(e)(1).
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    SDNY Applies B&B Hardware Issue Preclusion Based On 2004 TTAB Decision

    In a trademark infringement suit in the Southern District of New York, the U.S. district court granted plaintiff's motion for summary judgment...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Finds SEAHORSE JAPANESE CUISINE, In Chinese Characters, Confusable With SEAHORSE For Restaurant/Bar Services

    The Board affirmed Section 2(d) refusals to register the two Chinese character marks shown below, for "restaurant services ...
    GlobalIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

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

    The TTAB recently decided the appeals from the three Section 2(d) likelihood of confusion refusals summarized below.
    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.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

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

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

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

    So far in 2022, the Board has considered 26 appeals from Section 2(d) refusals and has affirmed the refusal in every case. Here are the latest three appeals.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

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

    It's Friday, so here's your weekly/weakly TTABlog Test. So far in 2022, by my reckoning, the Board has affirmed 52 out of 53 Section 2(d) refusals.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

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

    A TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time by looking just at the marks and the goods. Here are three more Section 2(d) appeals...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

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

    So far this year, the Board has affirmed 107 of the 112 Section 2(d) refusals on appeal. How do you think these three appeals came out? [Results in first comment].
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Showing 361–380 of 1424 results

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