Share on LinkedInShare on LinkedIn

ARTICLE · 19 NOVEMBER 2024

Why SPECTACLES Was Held Not Generic For "Smart Glasses"

Cowan, Liebowitz & Latman, PC
Cowan, Liebowitz & Latman, PC
Contributor
Cowan, Liebowitz & Latman, PC

Cowan, Liebowitz & Latman, PC

Cowan, Liebowitz & Latman (CLL) is recognized worldwide as a leading intellectual property law and...

View firm profile
Explore more from Cowan, Liebowitz & Latman, PC

The U.S. District Court for the Central District of California (Court) reversed a decision by the Trademark Trial and Appeal Board (TTAB)...

United StatesIntellectual Property

The U.S. District Court for the Central District of California (Court) reversed a decision by the Trademark Trial and Appeal Board (TTAB), which had affirmed a ruling by the U.S. Patent and Trademark Office (PTO). Unlike the lower tribunals, the Court held that SPECTACLES isnotgeneric for "smart glasses," although the Court held that this term is "highly descriptive" of these goods.

In a detailed 60-page opinion, the Court explained the differences between generic names and descriptive trademarks. The Court concluded that the evidence in this case, particularly the traditionalTeflonsurvey evidence, failed to support the genericism determinations reached by the TTAB and the PTO.

1547006a.jpg

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.

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.

See more popular content from