Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 30 SEPTEMBER 2022

TTABlog Test: (No WYHAs Here!) How Did These Three Recent Section 2(d) Appeals Turn Out?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
Contributor
Wolf Greenfield & Sacks

Wolf Greenfield & Sacks

Wolf, Greenfield is one of the 10 largest law firms in the United States devoted exclusively to...

View firm profile
Explore more from Wolf Greenfield & Sacks

So far this year, the Board has affirmed more than 90% of the Section 2(d) refusals it has reviewed on appeal. Here are three recent ones. No hints this time. How do you think they came out?

United StatesIntellectual Property
John L. Welch
John L. Welch
Author LinkedIn connections

So far this year, the Board has affirmed more than 90% of the Section 2(d) refusals it has reviewed on appeal. Here are three recent ones. No hints this time. How do you think they came out? [Results in first comment].

In re Aleksander Chulyakov, Serial No. 90032236 (September 28, 2022) [not precedential] (Opinion by Judge Christopher Larkin) [Section 2(d) refusal of the mark EVERBLAK for "jewelry, namely, wedding rings and wedding bands" in view of the registered mark FOREVER BLACK for "clothing, namely, pants, jeans, skirts, shorts, dresses, jackets, coats and t-shirts" [BLACK disclaimed].]

1235486a.jpg

In re White Elephant Enterprises, Inc., Serial Nos. 88662792 (September 26, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington) [Section 2(d) refusal of the mark WHITE ELEPHANT SALOON for restaurant and bar services ("SALOON" disclaimed) in view of the registered mark WHITE ELEPHANT for wine.]

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.
United StatesIntellectual Property
Harness IP
Harness IP
Article

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United StatesIntellectual Property
Wiley Rein
Wiley Rein
Podcast

Episode 59: Running Interference: IP Issues In The Sports And Wellness Markets (Podcast)

The economic impact of sports and fitness markets continues to surge, with franchise valuations and technological innovation reaching unprecedented levels. From wearable devices to performance analytics, intellectual property has become a strategic weapon in an industry where companies compete as aggressively as the athletes themselves. Wolf Greenfield examines the patents, trademarks, trade secrets, and licensing issues shaping this rapidly evolving landscape.
United StatesIntellectual Property
Wolf Greenfield & Sacks
Wolf Greenfield & Sacks