Saturday, February 17, 2018

TTAB Running Index: January 2018 - Date

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Section 2(d) - Likelihood of Confusion:

Section 2(e)(1) - Mere Descriptiveness:
Dilution:


Fraud:
Genericness:
Nonuse/Abandonment/Specimen of Use/Failure to Function:


Discovery/Evidence/Procedure::
Recommended Reading:
Other:
Text Copyright John L. Welch 2018.

Thursday, December 28, 2017

TTABlog Quarterly Index: October-December 2017

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Section 2(d) - Likelihood of Confusion:

Section 2(e)(1) - Mere Descriptiveness:
    Section 2(e)(5) - Functionality:
    Section 2(f) - Acquired Distinctiveness:
    Misuse of Registration Symbol
      Genericness:
      Nonuse/Abandonment/Specimen of Use/Failure to Function:
      Discovery/Evidence/Procedure::
      CAFC Decisions:
      Recommended Reading:
      Other:
      Text Copyright John L. Welch 2017.

      Wednesday, December 27, 2017

      2017 TTAB Precedential Opinions

      The TTAB issued thirty-nine (39) precedential opinions in calendar 2017. Among the more interesting ones, the Board considered the registrability of the color yellow for a cereal box, again deemed PRETZEL CRISPS generic for pretzel crackers, and affirmed two refusal under the flag/insignia prohibition of Section 2(b). It rejected three product configuration marks due to functionality under Section 2(e)(5), continued to downplay the rareness factor in Section 2(e)(4) surname refusals, and dealt with two phantom mark refusals, affirming one and reversing one.


      Section 2(a) - Deceptiveness:
      Section 2(b) - Flag, Coat of Arms, or Other Insignia:
      Section 2(d) - Likelihood of Confusion:

      Section 2(e)(1) - Mere Descriptiveness
        Section 2(e)(4) - Primarily Merely a Surname::
        Section 2(e)(5) - Functionality::
        Section 2(f): Acquired Distinctiveness:
        Abandonment/Nonuse:



        Application Requirements/Lawful Use/Specimen of Use:
        Certification Mark Control:

        Failure to Function/Phantom Mark:

        Fraud:
        Genericness:
        Discovery/Evidence/Procedure:
        Text Copyright John L. Welch 2017-2018.

        Saturday, September 30, 2017

        TTABlog Quarterly Index: July-September 2017

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        Section 2(d) - Likelihood of Confusion:
        Section 2(e)(1) - Mere Descriptiveness:


        Section 2(e)(4) - Primarily Merely a Surname:
        Section 2(e)(5) - Functionality:


        Section 2(f) - Acquired Distinctiveness:
        Rule 2.61 Request for Information:


        Specimen of Use/Failure to Function/Nonuse/Phantom Mark:
        Dilution:

        Fraud:
        Genericness:
        Ownership:
        Concurrent Use: Intent:
        Procedural Issues:
        CAFC Decisions:
        Other:
        Text Copyright John L. Welch 2017.

        Friday, June 16, 2017

        TTABlog Quarterly Index: April - June 2017

        E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the blog on Twitter (here). And don't forget to leave your comments! [Note that E-mail subscribers may have to surf to the blog to see comments]. Finally, please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com.


        Section 2(a) - Deceptiveness:
        Section 2(a) - Disparagement:
        Section 2(a) - False Association:
        Section 2(b) - Flag, coat of arms, insignia:


        Section 2(d) - Likelihood of confusion:
        Section 2(e)(1) - Mere Descriptiveness:
        Section 2(e)(1) - Deceptive Misdescriptiveness:


        Section 2(e)(2) - Primarily Geographically Descriptive:
        Section 2(e)(4) - Primarily Merely a Surname:
        Section 2(f) - Acquired Distinctiveness:


        Abandonment:
        Concurrent Use:


        Failure to Function/Phantom Mark:
        Genericness:


        Specimen of Use/Lawful use:
        Discovery/Evidence/Procedure:
        CAFC Rulings:
        Recommended Reading:
        Other:

        Text John L. Welch 2017.

        Friday, March 31, 2017

        TTABlog Quarterly Index: January - March 2017

        E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the blog on Twitter (here). And don't forget to leave your comments! [Note that E-mail subscribers may have to surf to the blog to see comments]. Finally, please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com.


        Section 2(b) - Flag, coat of arms, insignia:
        Section 2(d) - Likelihood of confusion:
        Section 2(e)(1) - Mere Descriptiveness:


        Section 2(e)(2) - Primarily Geographically Descriptive:
        Section 2(e)(4) - Primarily Merely a Surname:
        Section 2(f) - Acquired Distinctiveness:
        Abandonment:
        Failure to Function:
        Fraud:
        Functionality:
        Genericness:
        Use/Specimen of Use/Drawing:
        Discovery/Evidence/Procedure:
        Certification Mark:
        CAFC decisions:
        Recommended Reading:
        Other:
        Text John L. Welch 2017.

        Friday, December 30, 2016

        TTABlog Quarterly Index: October - December 2016

        E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the blog on Twitter (here). And don't forget to leave your comments! [Note that E-mail subscribers may have to surf to the blog to see comments]. Finally, please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield dot com.


        Section 2(d) - Likelihood of Confusion:

        Section 2(e)(1) - Mere Descriptiveness:
        Section 2(e)(2) - Geographically Descriptive:


        Section 2(e)(4) - Primarily Merely a Surname:
        Section 2(f) - Acquired Distinctiveness:
        Application Requirements/Lawful Use/Specimen of Use:
        Bona Fide Intent
        Failure to Function:
        Family of Marks:
        Genericness:
        Ownership:
        Nonuse
        Invalid Assignment Under Section 10:
        Recommended Reading:
        CAFC Decisions:
        Other:
        Text Copyright John L. Welch 2016.