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  • Article

    CAFC Affirms TTAB: "THE JOINT" Is Merely Descriptive Of Restaurant And Nightclub Services

    In a nonprecedential ruling, the U.S. Court of Appeals for the Federal Circuit upheld the TTAB's decision of April 4, 2018 [TTABlogged here]
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Kira-Khanh McCarthy Reports On October 30th TPAC Meeting

    [This guest post was written by Kira-Khanh McCarthy, a law clerk in the Trademark Group at Wolf, Greenfield & Sacks, P.C.].
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 32: In An "Unusual Situation," TTAB Opts To Consider Summary Judgment Motion On Unpleaded Claim

    In seeking cancellation of a registration for the mark KIMBERLEY KAMPERS for campers, Petitioner moved for summary judgment on the grounds of non-ownership and abandonment...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 33: "LOCH MOOSE MONSTER" Fends Off Monster Energy's Lack-of-Bona-Fide-Intent Summary Judgment Motion

    Tom & Martha LLC's application to register the mark LOCH MOOSE MONSTER for gift shop goods and services survived a feeble summary judgment attack by frequent TTAB plaintiff Monster Energy...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 40 (2017): TTAB Strikes Evidence Of Common Law Rights Not Listed By Madrid Opposer On ESTTA Cover Sheet

    Fellow Bostonian Keith Toms has called to my attention a precedential TTAB interlocutory order issued on December 28, 2017.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    RIBBONS OF HOPE Fails To Function As A Trademark For Pasta, Says TTAB

    The Board affirmed a refusal to register the phrase RIBBONS OF HOPE as a trademark for pasta, finding that the phrase fails to function as a mark.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Enters Judgment Summarily In #TIDALTUESDAY Opposition On Ground Of Nonuse

    The Board granted Opposer Tidal Music's motion for summary judgment, concluding that Applicant Rose Digital had failed to prove use of the applied-for mark #TIDALTUESDAY for advertising...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTAB Test: Is ATHLETE INTELLIGENCE Merely Descriptive Of Wearable Monitoring Devices?

    The USPTO refused registration of the mark ATHLETE INTELLIGENCE, in standard character form, for wearable monitoring devices and systems.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: Are Phonograph Records And Audio Equipment Related Under Section 2(d)?

    Swan Song, Inc. opposed an application to register the mark SWAN SONG AUDIO for ""Consumer electronic products, namely, audio amplifiers
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

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

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

    TTABLOG TEST: Is D'AVOCADO Generic For Avocado-Based Chocolate Products?

    The USPTO refused to register, on the Supplemental Register, the term D'AVOCADO for "high pressure pasteurized avocado based chocolate confections, mousses...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    TTABlog Test: Is THREEGUN Confusable With THERAGUN For Massage Apparatus?

    Therabody, Inc. opposed an application to register the mark THREEGUN (in slightly stylized form) for various medical devices and products, including massage apparatus...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

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

    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. At least one of the three refusals was reversed.
    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. How do you think these came out? [Answer in first comment].
    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. No hints this time. 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 Recent Section 2(d) Appeals Turn Out?

    Here are the first three TTAB decisions of the new year in appeals from Section 2(d) refusals. No hints today. How do you think they turned out? [Answer in first comment].
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

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

    The Board's shutout streak in Section 2(d) appeals is up to 33 affirmances and no reversals. Here are the latest three decisions. Has the streak been broken? How do you think they turned out?...
    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 Recent Section 2(d) Appeals Turn Out?

    The Board has affirmed 67 of the first 70 Section 2(d) refusals it has considered on appeal this year. Here are the latest three appeals for your consideration. [Results in first comment].
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
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