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ARTICLE · 20 FEBRUARY 2019

"Oops! Wrong Answer" Fails To Function As A Mark For A Trivia Website, Says TTAB

Wolf Greenfield & Sacks
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[This blog post is a collaborative effort of yours truly and members of the IP CO-LAB Clinic at Northeastern University].

United StatesIntellectual Property
John L. Welch
John L. Welch
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[This blog post is a collaborative effort of yours truly and members of the IP CO-LAB Clinic at Northeastern University]. The Board affirmed a refusal to register the phrase OOPS! WRONG ANSWER, finding that it fails to function as a mark for trivia website services. The Board likewise affirmed the same refusal for CONGRATULATIONS! YOU ARE CORRECT! Applicant Trivia Today feebly argued that it uses the phrases "prominently appearing by themselves or in different font colors," unlike the third-party uses cited by the examining attorney, and that the USPTO has registered other OOPS and CONGRATULATIONS marks. In re Trivia Today, LLC, Serial Nos. 86760550 and 86745338 (February 8, 2019) [not precedential] (Opinion by Judge David K. Heasley).

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