2016 TTAB Precedential Decisions
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Section 2(d) - Likelihood of Confusion:
- Precedential No. 35: Third-Party Evidence Keys Dismissal of ROSE SENIOR LIVING Section 2(d) Opposition
- Precedential No. 24: TTAB Affirms 2(d) Refusal of MT RAINIER Logo, But Reverses on 2(e)(3)
- Precedential No. 20: TTAB Dismisses 2(d) Opposition, Opposer Fails to Prove Rights in SEXSTROLOGY
- Precedential No. 17: BLACK MEN ROCK Confusable With BLACK GIRLS ROCK!, Says TTAB
- Precedential No. 13: TTAB Dismisses 2(d) Claim but Finds MINIMELTS Merely Descriptive of Pharmaceuticals
- Precedential No. 12: TTAB Affirms 2(e)(1) and 2(d) Refusals of HOUSEBOAT BLOB for Inflatable Mattresses
- Precedential No. 5: Fame of Movie "JAWS" Supports 2(d) Refusal of Cooking Show Marks
- Precedential No. 3: Despite Consent Agreement, TTAB Finds TIME TRAVELER BLONDE Confusable With TIME TRAVELER for Beer
Section 2(e)(1) - Mere Descriptiveness
- Precedential No. 13: TTAB Dismisses 2(d) Claim but Finds MINIMELTS Merely Descriptive of Pharmaceuticals
- Precedential No. 12: TTAB Affirms 2(e)(1) and 2(d) Refusals of HOUSEBOAT BLOB for Inflatable Mattresses
- Precedential No. 6: IMÁGENES ESCONDIDAS and HIDDEN PICTURES Not the Same Mark, TTAB Affirms Mere Descriptiveness Refusal
Section 2(e)(3) - Geographically Deceptively Misdescriptive:
Section 2(e)(4) - Primarily Merely a Surname:
- Precedential No. 34: Divided TTAB Panel Affirms 2(e)(4) Refusal of Rare Surname ADLON
- Precedential No. 30: TTAB Affirms Section 2(e)(4) Refusal of Rare Surname "ALDECOA"
- Precedential No. 29: TTAB Affirms Surname Refusal of "BARR GROUP"
Section 2(e)(5) - Functionality:
Section 2(f) - Acquired Distinctiveness:
- Precedential No. 36: DEEP! DEEP! DISH PIZZA Lacks Acquired Distinctiveness for Pizza, Says TTAB
- Precedential No. 18: TTAB Reverses Refusal of the Color White for Gunpowder Charges
- Precedential No. 7: Lack of Exclusive Use Dooms “AYOUB” 2(f) Surname Application
- Precedential No. 32: Marijuana Vaporizers Are Illegal Under CSA, TTAB Affirms Two "JUJU" Refusals
- Precedential No. 23: TTAB Affirms Refusal Of "pitchingsmart" Due To Faulty I.D. And Specimen
- Precedential No. 21: Marijuana Sale Illegal, TTAB Affirms HERBAL ACCESS Refusal for Retail Services
- Precedential No. 15: TTAB Rejects Specimens of Use for Radio Broadcast Services
Failure to Function:
- Precedential No. 33: "I ♥ DC" Fails to Function as a Trademark for Clothing, Says TTAB
- Precedential No. 26: Finding a Repeating Pattern Not Distinctive, TTAB Affirms Failure To Function Refusal of Hookah Ornamentation
- Precedential No. 14: FTD's Twitter Account Not a Separate, Registrable Service, Says TTAB
Fraud:
Ownership:
- Precedential No. 31: Family of Marks May Have Different Owners if There is Unity of Control, Says TTAB
- Precedential No. 9: Use by Parent Company Does Not Save Subsidiary's Registered Mark from Abandonment
Discovery/Evidence/Procedure:
- Precedential No. 28: Claim Preclusion Inapplicable To Fraud Claim Due To Different Transactional Facts
- Precedential No. 25: Issue Preclusion Applies to Standing, Says TTAB
- Precedential No. 22: Appellee Fails To Address PTO Refusals, TTAB Affirms
- Precedential No.16: Filing of Cancellation Petition Tolls Section 14 As To Adddition of New Claim
- Precedential No. 10: TTAB Grants Leave to Prepare and Serve Sur-Rebuttal Expert Report
- Precedential No. 8: TTAB Grants Pre-Trial Motion Limiting Goods in Opposed Application
- Precedential No. 4: Documents Must Be Produced in Unredacted Form, Says TTAB
- Precedential No. 2: TTAB Denies Protective Order Motion and Sanctions Movant
- Precedential No. 1: TTAB Clarifies Statement of Use Timing Requirement
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