TTABlog Quarterly Index: April - June 2020
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Section 2(a) - False Association:
Section 2(b) - Simulation of Flag:
Section 2(d) - Likelihood of Confusion:
- TTABlog Test: Are These Two "IMMORTAL" Marks for Wine Confusable?
- TTABlog Test: Is HONEYCOMB WAXING STUDIO Confusable With HONEYCOMB SALON?
- TTABlog Test: Is SPACE PACK Confusable with SPACE BAG for Storage Bags [Yes]
- IBKÜL Confusable with KÜHL for Clothing, Says TTAB
- TTABlog Test: Is "BARE" for Sausage Confusable with "JUST BARE" for Poultry?
- Disney's TINKERBELL Bests TEEN TINK In TTAB 2(d) Fairy Fracas
- TTABlog Test: Are SWEET VIBRATIONS and GOOD VIBRATIONS Confusable for Adult Sexual Products?[Yes]
- Precedential No. 21: Oral Intra-Family License With Informal Control Sufficient to Qualify Licensee as Related Company
- TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Come Out?
- 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
- TTABlog Test: Is JIOKIA Confusable with NOKIA for Electronic Mail Services? [Yes]
- TTABlog Test: TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Come Out?
- TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Come Out?
- TTABlog Test: Are GOLD CROWN and DIAMOND CROWN Confusingly Similar for Cigars? [no]
- TTABlog Test: Is LORD LION WINERY for Wine Confusable With LORD LYON for Beer? [Yes]
- Nike Crushes Pro Se Applicants in JUST DREW IT! Opposition
- TTABlog Test: Are These Two Stylized "BN" Marks for Jewelry Confusingly Similar?
- 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
- Rejecting Applicant's Stylization Argument, TTAB Affirms UNO Section 2(d) Refusal
- TTABlog Test: Which One of These Three Section 2(d) Refusals Was Reversed?
- Ric Flair Loses TTAB Appeal of Section 2(d) Refusal of NATURE BOY for Clothing
- TTABlog Test: Is BOOTYMAXX for Vitamins Confusable WIth BOOTYMAXTV for Non-Pornographic Videos? [No]
- Precedential No. 14: On Remand from CAFC, TTAB Considers 8th DuPont Factor, Affirms Section 2(d) Refusal of GUILD MORTGAGE COMPANY
- TTABlog Test: Which One of These Three Section 2(d) Refusals Was Reversed?
Section 2(e)(1) - Mere Descriptiveness:
- TTAB Sustains Two-Pronged Section 2(e)(1) Opposition to ANDRÉ-CHARLES BOULLE for Furniture
- TTABlog Test: Is STAGER Merely Descriptive of Theatrical Production Software? [Yes]
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
- TTABlog Test: Is HIGH SPEED STEPPING Merely Descriptive of Laboratory Analyzers?
- TTABlog Test: Must "FARM" Be Disclaimed in MONSALVAT FARM for Honey and Maple Syrup? [Yes]
- Precedential No. 16: TTAB Rules that Disclaimer of a Term Is Required as to All Services in a Class If Descriptive As to Any
- TTABlog Test: Is BLOCKCHAIN DRILLING Merely Descriptive of Offshore Drilling Services?
- TTABlog Test: Is SPIKE Merely Descriptive of Clothing and Leather Goods? [Yes]
Section 2(e)(2) - Primarily Geographically Descriptive:
Section 2(e)(3) - Primarily Geographically Deceptively Misdescriptive:
- TTAB Finds KOTA JAPAN Primarily Geographically Deceptively Misdescriptive for Knife Sharpening Tools
Section 2(f) - Acquired Distinctiveness:
Abandonment/Nonuse:
- TTAB Tosses Out CHICLETS (Chewing Gum) Abandonment Claim
- Rejecting Abandonment and Fraud Claims, TTAB Denies Petition to Cancel DEVIL'S CANYON VINEYARD Registration
- TTAB Orders Cancellation of SHOTTAS Registration Due to Nonuse (Video Games, Clothing, and Entertainment Services)
- TTAB Denies Cancellation of ORGANIC ZONE: Petitioner Fails to Make Prima Facie Case of Abandonment
- TTAB Grants Petition for Cancellation of ROSS Registration for Bicycles on Abandonment Ground
- Professor J. Thomas McCarthy Comments on the JUST DREW IT! Dilution Ruling
- Nike Crushes Pro Se Applicants in JUST DREW IT! Opposition
- TTAB Dismisses "ZEN SPA & Design" Cancellation Petition for Failure to Prove Genericness
- TTAB Dismisses Counterclaim on Summary Judgment for Failure to Prove SNAPCHAT is Generic
- TTAB Finds CARDLESS CASH Generic for . . . . Guess What?
Section 18 - Restriction of Registration:
Unacceptable Specimen:
Unlawful Use:
Concurrent Use:
Discovery/Evidence/Procedure:
- 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
- TTAB Dismisses "DM" Cancellation Because Petitioner Failed to Prove Standing
- Precedential No. 15: TTAB Dismisses MOKE Opposition Due to Failure to Prove Priority
CAFC Decisions:
- CAFC Affirms TTAB: STRATUS NETWORKS Confusable With STRATA NETWORKS for Telecommunications Services
- CAFC Vacates TTAB Decision, Rules That Color Marks for Product Packaging Can Be Inherently Distinctive
- TTAB Posts June 2020 (Video) Hearing Schedule
- TTABlog Test: Three Ex Parte Decisions - How Did They Come Out?
- TTAB Posts May 2020 (Video) Hearing Scheduling
- Supreme Court Lowers the Bar for Obtaining a Trademark Infringer’s Profits
- Brief Report on the Trademark Public Advisory Committee (TPAC) Presentation: April 17, 2020
- TTAB Posts April 2020 Hearing Scheduling
posted by John L. Welch @ 6/30/2020
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