ArticleTTABlog Test: Is "Pili" Deceptive For Cosmetics Not Containing Pili Oil?[This is a guest post written by Susmita A. Gadre, a litigation associate at Wolf, Greenfield & Sacks, PC].United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleTTABlog Test: Is "MOXIE SCRUBS" & Design Confusable With "MOXIE" For Clothing?The USPTO refused to register the mark MOXIE SCRUBS.United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleSchwimmer And Welch: "Where To Appeal A TTAB Decision? The Choice Is Complicated"Martin B. "Marty" Schwimmer and Yours Truly co-authored an article recently published by the World Trademark Review, entitled "Where to appeal a TTAB decision?United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleWebcast Of NUSL Panel Discussion: "The Original Sin Of Trademark Law: Failure To Function" (Nov. 5, 2019)Here is a link to the webcast recording of the November 5th panel discussion at Northeastern Law School, entitled "The Original Sin of Trademark Law: Failure to Function." United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleTTAB Sustains Chicago Cubs' Opposition To A "C" Design For Clothing ItemsHaving grown up on the South Side of Chicago, not far from Comiskey Park, I never like to see the Cubs win at anything. Alas, the Northsiders successfully opposer an application to register the "C" design mark...United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleUSPTO Extends Certain Deadlines To July 1st Due To COVID-19The USPTO has extended the time to file certain patent-related documents and to pay certain required fees, which otherwise would have been due on or after March 27th to July 1, 2020. United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticlePrecedential No. 15: TTAB Dismisses Opposition To Section 66(a) Application: Nonownership Claim UnavailableThe Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software.United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleWYHA? TTAB Rejects Applicant's Attack On Cited Registration That Was "Wrongly Issued"The Board affirmed a refusal to register the mark WATER BABIES in the design form shown below, for various swimming instruction servicesUnited StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
PodcastAt The Intersection Of Biotech And AI With Janice Vatland (Podcast)Artificial intelligence is transforming biotechnology and life sciences, creating new opportunities and complex intellectual property challenges. United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleTTABlog Test: Is "INCOGNITO" For Footwear Confusable With "STS INCOGNITO & Wolf Design" For Clothing?The USPTO refused registration of the mark INCOGNITO for "footwear; footwear for men; footwear for women; shoes; shoes for men and women," ...United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticlePrecedential No. 30: Party That Cross-Examines Testimony Declarant Bears The ExpensesIn this opposition to registration of the mark CERTIFIED EMAIL for various email services, Opposer USPS submitted the testimony declarations of four witnesses...United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleTwo Recent Concurrent Use Rulings From The TTABFuture Wolf Greenfield associate and soon-to-be Notre Dame Law School graduate Kira-Khan McCarthy is enjoying an externship this semester at the Trademark Trial and Appeal BoardUnited StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
PodcastThe Story Behind How Sunflow Became An Iconic Brand (Podcast)Getting a new product to market is a time-consuming and difficult task that few achieve. Yet, the husband and wife team of Greg Besner and Leslie Hsu have done just that with their Sunflow...United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
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, P.C.
ArticleBig Changes Come To Post-Grant Trials: Claim Construction Standards And SASTwo recent events will drive big changes in ongoing and future post-grant trials (IPR, PGR and CBM). The PTAB has just announced that it intends to abandon the "broadest reasonable" ...United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleIn Follow-On IPR Petitions, Different Prior Art May Not Be Considered Substantially DifferentAn IPR follow-on petitioner may find it particularly challenging to select the best prior art references and arguments to submit to the PTAB. United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleNorth Carolina District Court Finds PRETZEL CRISPS Generic, Orders Cancellation Of RegistrationIn the latest twist in this long-running saga, the United States District Court for the Western District of North Carolina has found the term PRETZEL CRISPS to be generic for pretzel crackers.United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticlePET GRASS Lacks Acquired Distinctiveness For Pet Food And Pet Store Services, Says TTABThe Board rejected this applicant's claim of acquired distinctiveness for the mark PET GRASS for grass, grass kits, food for animals, and retail pet supply services.United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleUSPTO Seeks Candidates For Deputy Chief Administrative Trademark Judge At The TTABThe USPTO is seeking applications for the position of Deputy Chief Administrative Trademark Judge at the Trademark Trial and Appeal Board. The announcement is open until September 28, 2018. United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleWho Will Be Left Standing? The Constitutional Requirements For IPR AppealsAs we have previously discussed, some petitioners for IPR are not able to appeal an adverse decision by the PTAB because they lack constitutional standing.United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.