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ARTICLE · 03 JUNE 2015

Summary Of Recent Precedential Trademark Trial And Appeal Board Decisions

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In the past two months, the Trademark Trial and Appeal Board has issued three opinions citable as Board precedent.

United StatesIntellectual Property
Paul Bost
Paul Bost
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In the past two months, the Trademark Trial and Appeal Board has issued three opinions citable as Board precedent.  The following is a brief summary of each opinion and its precedential impact.

In re John Michael Brack – Details Matter

At issue in this ex parte appeal was Mr. Brack's application to register SIMPLY ORANGECELLO for "alcoholic beverage, namely, orange flavored liqueur."  Mr. Brack filed his application electronically via the PTO's Trademark Electronic Application System but failed to sign or verify the application:

The examining attorney refused registration of the application based on prior registrations of CARAVELLA ORANGECELLO and ORANGECELLO and Mr. Brack's failure to sign and verify his trademark application per the requirements of 15 U.S.C. §§ 1051(a)(3), 1051(b)(3), and 1126, and requested Mr. Brack's submission of a declaration curing his failure.  Mr. Brack requested the suspension of his prosecution of the application in order to

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