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:

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

    Failure to Function/Phantom Mark:

    Text Copyright John L. Welch 2017-2018.