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  • Article

    CAFC Affirms TTAB: BEAST MODE SOCCER Confusable With BEAST MODE For Clothing

    In a nonprecedential opinion, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the TTAB's March 9, 2018 decision (here) finding a likelihood of confusion between appellant's mark
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    CAFC Affirms TTAB: NORTH 61 Confusable With 66⁰NORTH For Clothing And Clothing Store Services

    The U.S. Court of Appeals for the Federal Circuit ("CAFC") upheld the TTAB's decision sustaining an opposition to registration of the mark NORTH 61 (in standard characters)...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
  • Article

    CAFC Upholds TTAB: TEEN TINKER BELL Confusable With Disney's TINKER BELL For Dolls

    In round two of what one person (me) dubbed the "Tinker Bell Fairy Fracas," the CAFC affirmed the Board's decision sustaining a Section 2(d) opposition to registration of TEEN TINKER BELL...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Catch-All Thirteenth DuPont Factor Saves HANA BANCORP & Design From Section 2(d) Refusal

    The Board reversed a Section 2(d) refusal to register the mark HANA BANCORP & Design (shown first below) for various business, financial, and banking services [BANCORP disclaimed]...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    "DOOR-IN-DOOR" Lacks Acquired Distinctiveness For Electric Refrigerators, Says TTAB

    The Board affirmed a refusal to register the proposed mark DOOR-IN-DOOR for electric refrigerators, on the ground of mere descriptiveness (and lack of acquired distinctiveness).
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    "EL CABO" Character Name In TV Show Fails To Function As A Source Indicator For Entertainment Services

    Continuing our scintillating series of failure-to-function rulings, the Board affirmed a refusal to register the proposed mark EL CABO, in standard character and composite form (shown below), ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Podcast

    Episode 59: Running Interference: IP Issues In The Sports And Wellness Markets (Podcast)

    The economic impact of sports and fitness markets continues to surge, with franchise valuations and technological innovation reaching unprecedented levels. From wearable devices to performance analytics, intellectual property has become a strategic weapon in an industry where companies compete as aggressively as the athletes themselves. Wolf Greenfield examines the patents, trademarks, trade secrets, and licensing issues shaping this rapidly evolving landscape.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Finding Beer And Wine Related, TTAB Affirms Section 2(d) Refusals Of DEAD BIRD BREWING COMPANY And Dead Bird Design For Beer

    The Board affirmed Section 2(d) refusals to register the mark DEAD BIRD BREWING COMPANY (standard characters) [BREWING COMPANY disclaimed] and the design mark shown below, for beer, in view of the registered mark DEADBIRD for wines.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Finding Clothing Related To Athletic Training Services, TTAB Affirms 2(d) Refusal Of MAVA

    The Board affirmed a Section 2(d) refusal to register the mark MAVA for various clothing items
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Finding Marketplace Strength And Actual Confusion, TTAB Sustains "TOOLS USA" Opposition

    The Board sustained this Section 2(d) opposition to registration of the mark TOOL USA.COM & Design for "Manually operated hand tools ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Hell Freezes Over! TTAB Reverses Failure-To-Function Refusal Of JUST ANOTHER DAY IN PARADISE

    The Board reversed a failure-to-function refusal of JUST ANOTHER DAY IN PARADISE for a variety of items in nine classes, such as candles, flatware, lamps, and Christmas ornaments
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    In 2020, How Often Did The TTAB Affirm Section 2(e)(1) Mere Descriptiveness Refusals?

    I have again reviewed the TTAB's FOIA pages (now called the "TTAB Reading Room") in an attempt to estimate the percentage of Section 2(e)(1) mere descriptiveness refusals that were...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Is "SMART TECH" Merely Descriptive Of RFID-Controlled Model Trains?

    The USPTO refused to register the proposed mark SMART TECH for "downloadable software for controlling RFID enabled electronic toy and model trains, toy and model train sets, and components...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    LIBERTY BANKERS LIFE INSURANCE COMPANY Not Confusable With BANKERS LIFE, Says TTAB

    Despite partly identical services and overlapping customers and channels of trade, the Board dismissed this opposition to registration of the two word+design marks shown below, for...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Lotus-Shaped Acupressure Mat Product Design Lacks Acquired Distinctiveness And Fails To Function As A Service Mark

    The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    "M" For Mattresses Confusable With Three Stylized "M" Marks For Furniture, Says TTAB

    A single registration for M CUSHION, in standard characters, for cushions and pillows was distinguishable because of the word CUSHION.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    On Summary Judgment, TTAB Dismisses Cancellation Petition Predicated On Respondent's Untimely Section 8 Declaration

    The Board dismissed this petition for cancellation on summary judgment, ruling that the USPTO's acceptance of an untimely Section 8 Declaration is not a ground for cancellation.
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 11: TTAB Affirms Refusal Based On Applicant's Failure To Pay Sufficient Fees

    The TTAB affirmed two refusals to register the mark SEVEN DEVILS for "Wine related accessories, namely, foil cutters for wine bottles in Class 8;
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 14: TTAB Rules That A Phrase May Have Acquired Distinctiveness Even Though It Contains A Generic Term

    The Board affirmed a refusal to register the mark shown below, for "retail furniture stores," absent a disclaimer of "FURNITURE WAREHOUSE."
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Article

    Precedential No. 16: TTAB Orders Cancellation Of Four "GIDGET" Registrations Due To Abandonment

    The Board granted a petition for cancellation of four registrations for the mark GIDGET for clothing, cosmetics, jewelry, entertainment, and various other goods and services in eight classes, ruling that respondent ...
    United StatesIntellectual Property
    Wolf Greenfield & Sacks
    Wolf Greenfield & Sacks
  • Showing 681–700 of 1424 results

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