ArticleTTABlog Test: Is "LICKMAT" Merely Descriptive Of Pet Feeding Receptacles And Pet Amusement Mats?Okay, all you pet lovers, sink your teeth into this one. United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: Is "MF MIRANDA FRYE & Design" Confusable With "FRYE" For Jewelry?The USPTO refused to register the word-plus-design mark shown below, for jewelry, on the ground of likelihood of confusion with the registered mark FRYE,...United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: Is "ONE GREEN" Confusable With "8GREENS" For Nutritional Supplements?Tasty Greens LLC opposed an application to register the mark ONE GREEN for nutritional supplements, claiming a likelihood of confusion with its registered mark 8GREENS, also for nutritional supplements.United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: Is "RUFF CHEWERS" For Dog And Pet Toys Confusable With "RUFF CHEW (Stylized)" For Pet Beds?The USPTO refused to register the mark RUFF CHEWERS, in standard characters (CHEWERS disclaimed), for dog and pet toys.United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test Is "YOU'RE AN IDIOT" For Card Games Confusable With "YOU MUST BE AN IDIOT" For Board Games?Each of the parties to this Section 2(d) cancellation proceeding filed a motion for summary judgment. United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: (No WYHAs Here!) How Did These Three Recent Section 2(d) Appeals Turn Out?So far this year, the Board has affirmed more than 90% of the Section 2(d) refusals it has reviewed on appeal. Here are three recent ones. No hints this time. How do you think they came out?United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: Which Of These Three Disclaimer Requirements Was/Were Reversed?Under Section 6(a) of the Trademark Act, "[t]he Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable."United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: Which Of These Three Recent Section 2(d) Appeals Resulted In Reversal(s)?So far this year, the Board has reversed 7 of the more than 130 Section 2(d) refusals that it has reviewed. Here are three recent Board decisions. United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: Which One Of These Mere Descriptiveness Refusals Was Reversed?The TTAB recently decided the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. Actually, two involved disclaimer requirements.United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: Which One Of These Three Section 2(d) Refusals Was Reversed?So far this year, the TTAB has affirmed 177 of the 190 Section 2(d) refusals on appeal (about 93%).United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleVANILLA JAVA PORTER Lacks Acquired Distinctiveness For Beer, Says TTABThe Board affirmed a refusal to register the mark VANILLA JAVA PORTER for beer [PORTER disclaimed] on the ground that applicant, who was seeking registration under Section 2(f) of the Trademark Act...United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleWYHA? TTAB Affirms Two Refusals To Register Based On Insufficient SpecimensLast week, the Board affirmed two Section 1 and 45 refusals to register on the ground that the respective specimens were unacceptable for registration.United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleWYHA? TTAB Finds "5 DAY FASTING DIET" Merely Descriptive Of Nutritionally Balanced Prepared MealsL-Nutra insisted that a consumer could not, just by looking at the mark, understand that the goods require a medical consultation. United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleWYHA? TTAB Finds "APPLE SUGAR" Merely Descriptive Of Sweeteners Including Fruit SkinsThe Board affirmed a Section 2(e)(1) refusal to register APPLE SUGAR, finding the proposed mark to be merely descriptive of "natural sweetener, sugar substitutesUnited StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleWYHA? TTAB Finds "THE CYRKLE" Confusable With "THE CIRCLE" For Live Musical ServicesThose of a certain age will remember The Cyrkle and their mid 1960s hit songs, "Red Rubber Ball" and "Turn-Down Day."United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTAB Test: Are Cigars Related To Alcoholic Beverages For Section 2(d) Purposes?The USPTO refused registration of the mark TERNURA for cigars, finding it likely to cause confusion with the identical mark registered for "liquor; tequila; vodka; wines."United StatesLitigation, Mediation & ArbitrationWolf Greenfield & Sacks
ArticleTTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?The TTAB recently decided the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below.United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?The TTAB recently decided the appeals from the three Section 2(d) likelihood of confusion refusals summarized below. Keeping in mind that, by my estimate, 90 % of Section 2(d) appeals result...United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?The Board has affirmed 96 of the first 100 Section 2(d) appeals that came before it this year. Here are three more for your consideration. How do you think they came out? [Results in first comment].United StatesIntellectual PropertyWolf Greenfield & Sacks
ArticleTTABlog Test: Which One Of These Three Section 2(d) Refusals Was Reversed?A TTAB Administrative Trademark Judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods or services.United StatesIntellectual PropertyWolf Greenfield & Sacks