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Section 2(a) - Deceptiveness:
Section 2(a) - False Association:
Section 2(c) - Consent to Register:
Section 2(d) - Likelihood of Confusion:
- TTABlog Test: At Least One of These Three Section 2(d) Refusals Was Reversed!
- PRECEDENTIAL No. 13: TTAB Finds Two Different Shades of Green Not Confusable for Medical Gloves
- "FULL OF FLAVOR FREE OF GUILT" for Vegetable-Based Snacks Not Confusable WIth "GUILT FREE" for Frozen Confections, Says TTAB
- TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Come Out?
- JUSTICE NETWORK Confusable With JUSTICE CENTRAL For Television Services, Says TTAB
- Precedential No. 12: Finding Clothing and Books Related, TTAB Sustains 2(d) Opposition to ENGIRLNEER
- TTAB Rejects Fraud Claim, Finds SHADI.COM Confusable With SHAADI.COM For Marriage Matchmaking Services
- TTABlog Test: Is "MONFRÈRE FASHION" Confusable With "MY BROTHER" for Clothing?
- TTABlog Test: Are Phonograph Records and Audio Equipment Related Under Section 2(d)?
- TTABlog Test: Which One of These Three Section 2(d) Refusals Was Reversed?
- MANIMAL Not Confusable With GARANIMAL for Children's Clothing, Says TTAB
- TTABlog Test: Which One of These Three Section 2(d) Refusals Was Reversed?
- TTABlog Test: Which One of These Three Section 2(d) Refusals Was Reversed?
- LIBERTY BANKERS LIFE INSURANCE COMPANY Not Confusable With BANKERS LIFE, Says TTAB
- TTABlog Test: Are Flavored Gelatins Related to Wine-Based Aperitifs? [Yes]
- TTAB Finds PATIO BY THE SPADES Confusable With KATE SPADE for Clothing and Handbags
- Despite Purchaser Sophistication, TTAB Upholds Section 2(d) Refusal of HARDROK EQUIPMENT INC.
- Despite Weakness of Opposer's Mark, TTAB Finds SHARED SPACE Confusable WIth SHARED for Coworking Spaces
- "M" for Mattresses Confusable with Three Stylized "M" Marks for Furniture, Says TTAB
- TTAB Reverses "GROW WITH US" Refusal, Finding Live Plants Not Related to Horticulture Supplies
Section 2(e)(1) - Mere Descriptiveness:
- TTABlog Test: Is "PERFORMANCE" Merely Descriptive of Dietary Supplements?
- TTABlog Test: Is FETAL LIFE Merely Descriptive of Fetal Health Signal Monitors?
- TTABlog Test: How Did These Four Appeals From Mere Descriptiveness Refusals Turn Out?
- TTABlog Test: Is MOBILIZER Merely Descriptive of Massage Apparatus?
- Divided TTAB Panel Reverses 2(e)(1) Refusal of Double Entendre "LEDGERDOMAIN" for Blockchain Software
- TTABlog Test: Is ORIGINAL GRAIN Merely Descriptive of Restaurant Services? [No]
- WYHA? TTAB Finds "APPLE SUGAR" Merely Descriptive of Sweeteners Including Fruit Skins
Section 2(e)(1) - Deceptive Misdescriptiveness:
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
- DENIM & CO. Is Deceptive for Non-Denim Clothing, Says TTAB Panel Majority
Section 2(e)(2) - Primarily Geographically Descriptive:
- Precedential No. 2: TTAB Finds CHARLESTON HARBOR TOURS Geographically Descriptive of . . . Guess What?
- TTAB Finds "SMITHFIELD" Primarily Geographically Descriptive of Meat, Lard, and Offals
Section 2(e)(3) - Primarily Geographically Deceptively Misdescriptive:
Section 2(e)(4) - Primarily Merely a Surname:
- TTABlog Test: Is CHALLEN Primarily Merely a Surname for Musical Instruments?
- Precedential No. 3: TTABlog Test: Is "J HUTTON" Primarily Merely a Surname for Eyewear? [Yes]
- TTABlog Test: Is MAGNUS Primarily Merely a Surname for Whiskey? [Yes]
Section 2(e)(5) - Functionality:
- TTAB Affirms Section 2(e)(5) Functionality Refusal of Bathtub Drain Cap Configuration
- TTAB Orders Cancellation of Both Registrations in Trash Bag Trade Dress Clash
Abandonment:
- Precedential No. 10: Section 66(a) Registrant With No Use of Mark Defeats Abandonment Claim
- TTAB Denies Cancellation Petition: SHUSTOV Registrant Overcame Prima Facie Case of Abandonment
Bona Fide Intent:
Fraud:
Genericness:
- TTAB Orders Cancellation of Both Registrations in Trash Bag Trade Dress Clash
- TTAB Affirms Genericness Refusal of FIDGET CUBE for Stress Relief Exercise Toys
- AMERICAN UNIVERSITY Bests "AMERICAN UNIVERSITY OF KUWAIT" in TTABowl
Nonuse/Specimen of Use/Failure to Function:
- Precedential No. 11: TTAB Affirms Refusal Based on Applicant's Failure to Pay Sufficient Fees
- MR1109, MR1108, and MR1107 Fail to Function As Trademarks for Electric Motors, Says TTAB
- TTAB Affirms Ornamentality Refusal of Green Y-Shaped Design on Harvester Machines
- Precedential No 1: TTAB Affirms Trifusal of Motion Mark for Sightseeing Tour Services
- AMERICAN UNIVERSITY Bests "AMERICAN UNIVERSITY OF KUWAIT" in TTABowl
- TTAB Dismisses Appeal from Specimen Refusal Because Applicant Failed to Address the Refusal
- TTAB Affirms Nine Failure-to-Function Refusals for Geometric Shapes Displayed on Gaming Machines
Concurrent Use:
Discovery/Evidence/Procedure:
- Precedential No. 9: TTAB Dismisses Faulty Counterclaim and Affirmative Defense Based on the Pan-American Convention
- Precedential No. 5: Opposer Proves Standing Through Trade Name Use by Its Wholly Owned Subsidiary
- TTAB Dismisses Appeal from Specimen Refusal Because Applicant Failed to Address the Refusal
CAFC Decisions:
Recommended Reading:
Other:
- Current Roster of TTAB Judges (March 2020)
- TTAB Posts March 2020 Hearing Schedule
- TTAB Issues Slightly Revised Standard Protective Order
- TTAB Posts February 2020 Hearing Schedule
- In 2019, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness Refusals?
- Three Attorneys Join TTAB Interlocutory Attorney Team
- In 2019, What was the Rate of TTAB Affirmance of Section 2(d) Refusals to Register?
- The Top Ten TTAB Decisions of 2019 (Part II)
- The Top Ten TTAB Decisions of 2019 (Part I)
- Griff Thomas Reports On "Drain Cap" TTAB Oral Hearing
- Two New Judges Appointed to Trademark Trial and Appeal Board
- TTAB Posts January 2020 Hearing Schedule
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
