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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
Here are three very recent TTAB decisions in Section 2(d) appeals, decided on the same day. I'm not giving any hints
Wolf, Greenfield & Sacks, P.C.
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TTABlog Test: Which One Of These Three Section 2(d) Refusals Was Reversed?
A (currently serving) TTAB Administrative Trademark Judge once said to me that one can predict the outcome of a Section 2(d) appeal 95%Wolf, Greenfield & Sacks, P.C. - Article
Applying Doctrine Of Foreign Equivalents, TTAB Finds GUEPARDO And CHEETAH Confusingly Similar For Vehicle Wheels And Tire Equipment
[This guest post was written by Kira-Khanh McCarthy, a rising-3L at University of Notre Dame Law School.]Wolf, Greenfield & Sacks, P.C. - Article
Applying Stanley Bros., TTAB Affirms Illegality Refusal Of CBD2GO For Dietary Supplements Containing CBD
In a case "on all fours" with the Board's recent Stanley Bros. decision (TTABlogged here), the Board affirmed a refusal to register the purported mark CB2GO for...Wolf, Greenfield & Sacks, P.C. - Article
Are Fruit-Based Beverages Related to Nutritional Supplements?
The cited mark could be depicted in the same stylization as applicant's mark.Wolf, Greenfield & Sacks, P.C. - Article
CAFC Affirms TTAB: Louis Vuitton's APOGÉE For Perfume Confusable With APHOGEE For Hair Products
In a nonprecedential ruling, the CAFC has affirmed the Board's decision finding Louis Vuitton Malletier's mark APOGÉE for perfume confusable with the registered mark APHOGEE for hair care preparations.Wolf, Greenfield & Sacks, P.C. - Article
CAFC Affirms TTAB: MAGNESITA Is Generic For .... Guess What?
In a nonprecedential ruling, the U.S. Court of Appeals for the Federal Circuit affirmed the TTAB's decision (here) upholding a refusal to register the term MAGNESITA for refractory bricks and related products, ...Wolf, Greenfield & Sacks, P.C. - Article
CAFC Affirms TTAB: Reelex Tangle-Free Cable Box Is Functional Under Section 2(e)(5)
In a non-precedential opinion, the CAFC upheld the Board's decision affirming a Section 2(e)(5) functionality refusal of of the packaging designs shown below for "electric cables and wire.Wolf, Greenfield & Sacks, P.C. - Article
CAFC Rules That The USPTO Is Not Entitled To Expert Witness Fees In A Civil Action For Review Of A PTAB Decision. What About The TTAB?
You will recall that in Peter v. Nantkwest, the Supreme Court unanimously upheld an en banc decision of the CAFC, ruling that the USPTO is not entitled to recover its attorney's fees...Wolf, Greenfield & Sacks, P.C. - Article
CAFC Upholds TTAB: Affirms Order For Cancellation Of MOBILEBLACKBOX Registration For Audio Speakers On The Ground Of Nonuse
In a brief, nonprecedential opinion, the CAFC affirmed the TTAB's decision of November 23, 2018 (pdf here) granting a petition for cancellation of a registration for the mark MOBILEBLACKBOX...Wolf, Greenfield & Sacks, P.C. - Article
E.D. Va. Upholds TTAB Dismissal Of SHUSTOV Cancellation Petition: Registrant Overcame Prima Facie Case Of Abandonment
The United States District Court for the Eastern District of Virginia (Judge Liam O'Grady) affirmed the TTAB's decision of January 20, 2020, dismissing a petition for cancellation of a registration of the mark SHUSTOV & Design …Wolf, Greenfield & Sacks, P.C. - Article
Fourth Circuit Affirms E.D.Va.: VAGISAN Confusable With VAGISIL For Feminine Hygiene Products
The U.S. Court of Appeals for the Fourth Circuit affirmed the E.D.Va's May 23, 2019 decision [TTABlogged here] reversing the TTAB's dismissal of Combe Incorporated's Section 2(d) opposition to ...Wolf, Greenfield & Sacks, P.C. - Article
FURNITUREBOBS Confusable With BOBS DISCOUNT FURNITURE, Says TTAB
Okay, this sounds rather straightforward doesn't it? The services are identical: retail furniture stores. Therefore a lesser degree of similarity between the marks is needed to support a finding of likely confusion.Wolf, Greenfield & Sacks, P.C. - Article
In 2021, How Often Did The TTAB Affirm Section 2(e)(1) Mere Descriptiveness Refusals?
I have again reviewed the TTAB's FOIA page (now called the "TTAB Reading Room") in order to estimate the percentage of Section 2(e)(1) mere descriptiveness refusals that were affirmed by the Board during the last calendar year (2021).Wolf, Greenfield & Sacks, P.C. - Article
On Reconsideration, TTAB Says Settlement Agreement Calling For Abandonment Of Opposed Application Is Not Consent To Dismissal Without Prejudice
In a rare granting of a motion for reconsideration, the Board vacated its order of December 28, 2018 ...Wolf, Greenfield & Sacks, P.C. - Article
Package Configuration Mark For Canned Fish Deemed Non-Functional But Lacks Acquired Distinctiveness, Says TTAB
The Board reversed a Section 2(e)(5) refusal to register the package configuration mark shown below, for "canned fish; tinned fish."Wolf, Greenfield & Sacks, P.C. - Article
Precedential No. 17: TTAB Dismisses "HUNGRY" Section 2(d) Opposition Due To False Testimony And Spoliation Of Evidence
Finding that Opposer Rapid Inc.'s star witness "had not only been been dishonest with the Board, but he also engaged in spoliation of evidence,"...Wolf, Greenfield & Sacks, P.C. - Article
Precedential No. 31: "SMOKES & Design" For Cannabis Cigarettes Not Confusable With "SMOK" For Electronic Cigarettes, Says TTAB
You might say the Applicant Fancy Pants relied on the old rope-a-dope strategy in this opposition to its application to register SMOKES & Design for "Cigarettes...Wolf, Greenfield & Sacks, P.C. - Article
Supreme Court May Let IPRs Continue
Last week, the Supreme Court heard oral arguments in Oil States Energy Services v. Greene's Energy Group—a case that addresses whether inter partes review unconstitutionally usurps the federal courts' authority...Wolf, Greenfield & Sacks, P.C. - Article
Three Recent Affirmances In Unacceptable Specimens Of Use Cases
Okay, I admit it's an awkward title, but it's an awkward time.Wolf, Greenfield & Sacks, P.C.
