ArticleTTABlog Test: How Did These Three Appeals From 2(e)(1) Mere Descriptiveness Refusals Turn Out?The TTAB recently decided the appeals from three Section 2(e)(1) mere descriptiveness refusals summarized below.United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleTTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Come Out? - October 02, 2020The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleTTABlog Test: Is FETAL LIFE Merely Descriptive Of Fetal Health Signal Monitors?The USPTO refused to register the proposed mark FETAL LIFE for fetal health signal monitors and related goods, finding the mark to be merely descriptive under Section 2(e)(1).United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleTTABlog Test: Three Recent Section 2(d) AppealsA 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 servicesUnited StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleUniloc "Locking" LG & Facebook Out? Not So Fast. CAFC Upholds Board's "No Estoppel" Finding In Uniloc 2017 LLC V. Facebook Inc.Joinder may allow a party to challenge patent claims with an IPR even if the one-year time bar in Section 315(b) would otherwise preclude the party from filing a petition for IPR.United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleUse Litigation Funding To Enforce PatentsThere used to be a time when an individual inventor might come up with the most brilliant invention and patent it, only to have some unscrupulous company employ that invention...United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleWYHA? "DIRTY LAUNDRY" For Clothing Confusable With "DIRTY LAUNDRY" For Footwear, Says TTABThe Board affirmed a Section 2(d) refusal to register the mark DIRTY LAUNDRY for "Hooded sweatshirts; Jackets; Jeans; Pants; Shirts; ...United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleWyha? "Golf With Purpose" Confusable With "Golf With A Purpose" For Golf Stuff, Says TTABWhen a Section 2(d) refusal is affirmed in an opinion of a mere eight pages, that case is a prime candidate for the "WYHA?" label.United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleWYHA? IZAKAYA KOPAN RAMEN & Design Confusable With Kopan For Restaurant Services, Says TTABThe Board affirmed a refusal to register the mark IZAKAYA KOPAN RAMEN & Design (shown below) for restaurant services [IZAYAKA and RAMEN disclaimed], United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleWYHA? TTAB Affirms Requirement For Specificity Of Cable Clip Composition To Allow Proper ClassificationThe Board affirmed a requirement that Applicant Northeastern University amend its identification of goods for the mark NORTHEASTERN by specifying the material composition of its "clips for electric charging cables" to allow proper classificationUnited StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleWYHA? TTAB Affirms Section 2(d) Refusal Of "B & Design" In View Of Identical Mark, Both For HeadphonesWhen an opinion in an ex parte appeal is only seven pages long, it's usually bad news for the applicant. Here, Applicant Solo Beats applied to register the mark shown below left, for "audio speakers...United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleImpact And 'Unintended Benefits' Of The Federal Circuit's Suspension Of In-Person Oral ArgumentsAn article written by Greg Corbett and Marie McKiernan titled "Impact and 'Unintended Benefits' of the Federal Circuit's Suspension of In-Person Oral Arguments" was...United StatesLitigation, Mediation & ArbitrationWolf, Greenfield & Sacks, P.C.
ArticleTTAB Affirms Refusals Of SOUTHFACE VILLAGE For Building Construction Services: Specimens Fail To Show Use By ApplicantThe Board affirmed refusals of the mark SOUTHFACE VILLAGE, in standard character and design form, for "building construction; residential ...United StatesReal Estate and ConstructionWolf, Greenfield & Sacks, P.C.
ArticleExecutive Order On Artificial Intelligence: What Steps In-House Counsel Should Take Right NowOn October 30, 2023, the White House published the "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" ("Order").United StatesTechnologyWolf, Greenfield & Sacks, P.C.
ArticleTTAB Affirms Refusal Of THERAFIT Because It Identifies A Component, Not Applicant's Bed SheetsThe Board affirmed a refusal to register the mark THERAFIT for "bed sheets," agreeing with Examining Attorney David I that applicant's specimen United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleTTAB Reverses Descriptiveness Refusal Of "CANNABIS CANNIBALS" For Cartoons Featuring Cannabis-Smoking CannibalsThis guest post was written by Stephanie Grace Stella, an associate in the Trademark Group at Wolf, Greenfield & Sacks, P.C. United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleTTABlog 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 PropertyWolf, Greenfield & Sacks, P.C.
ArticleRecommended Reading: Lisa Pearson, "The Real Life Of Fictional Trademarks"The September-October issue of The Trademark Reporter [pdf of full issue here] includes Daniel R. Bereskin's article on Trademark Rights ...United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleUSPTO Extends Certain Deadlines To June 1st Due To COVID-19The USPTO has extended the time to file certain patent and trademark-related documents and to pay certain required fees, which otherwise would have been due between ..United StatesIntellectual PropertyWolf, Greenfield & Sacks, P.C.
ArticleKira-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 PropertyWolf, Greenfield & Sacks, P.C.