Monday, January 09, 2012

TTAB 2011 Precedential Decisions

The Trademark Trial and Appeal Board issued 37 precedential decisions in calendar 2011, a decrease of about 30% from the average annual output of 56 for the prior five-year period. The ratio of precedential decisions to total decisions, however, remained relatively constant according to my calculation: about 10 to 12 %. In other words, the total number of final decisions issued by the Board fell considerably last year, perhaps because so many Board employees were focusing on completion of the long-awaited revision to the Trademark Board Manual of Procedure. In any case, here is a compilation of the precedential decisions of 2011, categorized according to subject matter.

Section 2(a) - Immoral or Scandalous:

Section 2(d) - likelihood of confusion:

Section 2(e)(1) - Mere descriptiveness:

Section 2(e)(3) - Primarily geographically deceptively misdescriptive:

Section 2(f) - acquired distinctiveness:

Concurrent Use:


Failure to Function:



Goods in Trade:

Lack of bona fide intent:

Res judicata:

Single Creative Work:

TTAB Discovery/Evidence/Procedure:

Text ©John L. Welch 2011-12.