2020 Precedential Decisions
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Section 2(a) - False Association:
Section 2(b) - Simulation of Flag:
Section 2(c) - Consent to Register:
Section 2(d) - Likelihood of Confusion:
- Precedential No. 31: Laches, Acquiescence, and No Inevitable Confusion Doom Attack on BROOKLYN BREW SHOP for Beer Making Kits
- Precedential No. 21: Oral Intra-Family License With Informal Control Sufficient to Qualify Licensee as Related Company
- Precedential No. 20: TTAB Rejects "ERA" Family of Marks Claim, but Finds PRO ERA Confusable With NEW ERA for Caps
- Precedential No. 19: TTAB FInds "REAL MICHIGAN" for Hard Cider Confusable With "MICHIGAN APPLES" Geographic Certification Mark
- Presidential No.17: TTAB Affirms Section 2(d) and Disclaimer Refusals of INFORMATION BUILDERS & Design
- Precedential No. 15: TTAB Dismisses MOKE Opposition Due to Failure to Prove Priority
- Precedential No. 14: On Remand from CAFC, TTAB Considers 8th DuPont Factor, Affirms Section 2(d) Refusal of GUILD MORTGAGE COMPANY
- PRECEDENTIAL No. 13: TTAB Finds Two Different Shades of Green Not Confusable for Medical Gloves
- Precedential No. 12: Finding Clothing and Books Related, TTAB Sustains 2(d) Opposition to ENGIRLNEER
Section 2(e)(1) - Mere Descriptiveness:
- Precedential No. 39: TTABlog Test: Is "CO-OP" Merely Descriptive of Bicycles Sold by a Co-op? [No]
- Precedential No. 16: TTAB Rules that Disclaimer of a Term Is Required as to All Services in a Class If Descriptive As to Any
- Precedential No. 45: TTAB Finds CITY OF LONDON Geographically Descriptive for Gin, Grants Motion to Amend to Supplemental Register
- Precedential No. 2: TTAB Finds CHARLESTON HARBOR TOURS Geographically Descriptive of . . . Guess What?
Section 2(e)(4) - Primarily Merely a Surname:
- Precedential No. 41: TTAB Affirms Bifusal of TAPIO for Software: Section 2(e)(4) Surname and Indefinite Identification of Goods
- Precedential No. 3: TTABlog Test: Is "J HUTTON" Primarily Merely a Surname for Eyewear? [Yes]
Section 2(f) - Acquired Distinctiveness:
Abandonment:
- Precedential No. 46: Registrant Proves Intent to Resume Use; TTAB Dismisses A.W. SHUCK'S Cancellation Petition
- Precedential No. 10: Section 66(a) Registrant With No Use of Mark Defeats Abandonment Claim
- Precedential No. 29: TTAB Sustains Opposition to Section 66(a) Application due to Lack of Bona Fide Intent
- Precedential No. 7: TTAB Grants Cancellation Petition, Respondent Did Not Individually Have Bona Fide Intent to Use the Mark
Ownership:
Unlawful Use:
Nonuse/Specimen of Use/Failure to Function:
- Precedential No. 44: TEAM JESUS Fails to Function as a Source Indicator for Clothing and Religion-Related Services, Says TTAB
- Precedential No. 42: TTAB Affirms Bifusal (TM) of GOD BLESS THE USA for Pillows: Failure-to-Function and Mutilation
- Precedential No. 38: Floyd Mayweather t.k.o.'d: TTAB Affirms Failure-to-Function Refusal of PAST PRESENT FUTURE for T-shirts
- Precedential No. 37: ".SUCKS" gTLD Fails to Function as Service Mark, Says TTAB
- Precedential No. 36: TTAB Affirms Failure-to-Function Refusal of TEXAS LOVE for T-Shirts, Rejects Equal Protection Argument
- Precedential No. 35: Bad Specimen of Use and Mere Descriptiveness Sink THERMAL MATRIX for Dental Appliance Liner
- Precedential No. 34: TTAB Rules That gTLD ".CAM" is Incapable of Functioning as a Source Indicator
- Precedential No. 11: TTAB Affirms Refusal Based on Applicant's Failure to Pay Sufficient Fees
- Precedential No 1: TTAB Affirms Trifusal of Motion Mark for Sightseeing Tour Service
Discovery/Evidence/Procedure:
- Precedential No. 43: TTAB Dismisses Major League Soccer's Section 2(d) Claim Due to Lack of Prior Rights in INTER mark
- Precedential No. 40: TTAB Denies Summary Judgment Motion on "Standing" Issues in PURISIMA Cancellation Proceeding
- Precedential No. 33: TTAB Explains Safer Rule for Internet Evidence
- Precedential No. 32: TTAB Strikes Untimely Supplemental Expert Report
- Precedential No. 28: TTAB Rejects Amendment to Goods First Made in Applicant's Appeal Brief
- Precedential No.27: TTAB Grants FRCP 56(d) Motion for Discovery to Avoid Summary Judgment Ambush
- Precedential No. 23: TTAB Says Rule 30(b)(6) Corporate Deponent Must Travel to Corporation's Principal Place of Business
- Precedential No. 22: TTAB Denies Motion for Leave to Take More Than Ten Discovery Depositions
- Precedential No. 15: TTAB Dismisses MOKE Opposition Due to Failure to Prove Priority
- Precedential No. 9: TTAB Dismisses Faulty Counterclaim and Affirmative Defense Based on the Pan-American Convention
- Precedential No. 6: Canadian Party Must Have a U.S. Attorney Despite Reciprocity, Says TTAB
- Precedential No. 5: Opposer Proves Standing Through Trade Name Use by Its Wholly Owned Subsidiary
- Precedential No. 31: Laches, Acquiescence, and No Inevitable Confusion Doom Attack on BROOKLYN BREW SHOP for Beer Making Kits
posted by John L. Welch @ 12/31/2020
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