TTABlog Quarterly Index: April - June 2023
E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com.
Section 2(d) - Likelihood of Confusion:
- TTABlog Test: Is BILT Confusable With BUILT TO INSPIRE for Non-metal Mailboxes? [Yes]
- TTABlog Test: Are Personal Training Services Related to Clothing For Section 2(d) Purpose? [Yes]
- TTABlog Test: Is KOKOMO for Fresh Fruits Confusable With KOKOMO for Wine? [Yes]
- TTABlog Test: Is BLACK INK for Coffee Beans Confusable With BLACK INK for Alcoholic Beverages? [Yes]
- TTABlog Test: How Did These Three Appeals from Section 2(d) Refusals Turn Out?
- TTAB Finds Supplements Related to CBD Cosmetics, But Not to Candles or Vape Pens
- TTABlog Test: Is EL BURRO BORRACHO Confusable WIth EL BURRO for Restaurant Services? [No]
- TTABlog Test: Is RAILROAD RUM for Distilled Spirits Confusable with RAILROAD RED for Wine? [Yes]
- TTABlog Test: How Did These Three Appeals from Section 2(d) Refusals Turn Out?
- TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?
- TTABlog Test: Is CLAIM WATCHER Confusable With CLAIM WATCH & Design for Certain Insurance Claim Services? [No]
- TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?
- In a Split Decision, TTAB Finds SIREN'S BLEND for Coffee Confusable With the Starbucks Logo, But Not Confusable for Clothing
- TTAB Denies Petition for Cancellation of LITTLE NOTES Registration: Petitioner Failed to Prove Rights in the Mark Via Acquired Distinctiveness
- TTABlog Test: Are Restaurant Services and Live Musical Entertainment Related for Section 2(d) Purposes? [Yes]
- TTABlog Test: Are Beer and Restaurant Services Related for Section 2(d) Purposes? [Yes]
- TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?
- TTABlog Test: Are Wine and Restaurant Services Related for Section 2(d) Purposes? [No]
- TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?
- TTABlog Test: Is "K2 MOTORCARS & Design" Confusable With "K2 MOTOR & Design" For Automobile-Related Services? [No]
- TTABlog Test: Is Puma's "PROCAT" Confusable with Caterpiller's "CAT" for Footwear? [Yes]
- Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction
- TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal
- Precedential No. 12: TTAB Hands Win to MLBPA and Aaron Judge In Opposition to Judicial-Themed Trademarks for Clothing
- TTAB Reverses Two Refusals of BEAUTY POPS for Cosmetic Kits: Likelihood of Confusion and Mere Descriptiveness
- TTABlog Test: Is "FREEDOM X" Confusable With "OXLIFE FREEDOM" For Related Medical Products? [Yes]
- TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?
Section 2(e)(1) - Mere Descriptiveness:
- TTABlog Test: How Did These Three Appeals from Section 2(e)(1) Mere Descriptiveness Refusals Turn Out?
- TTABlog Test: How Did These Three Appeals from Section 2(e)(1) Mere Descriptiveness Refusals Turn Out?
- TTABlog Test: How Did These Three Appeals from Section 2(e)(1) Mere Descriptiveness Refusals Turn Out?
Section 2(e)(3) - Primarily Geographically Deceptively Misdescriptive:
Section 2(e)(4) - Primarily Merely a Surname:
Section 2(e)(5) - Functionality:
- TTAB Affirms Section 2(e)(5) Functionality Refusal of Pen Holder Configuration
- TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking
Inherent/Acquired Distinctiveness:
- Precedential No. 16: TTAB Finds Guitar Shape for Hotel to be Inherently Distinctive
- Precedential No. 17: TTAB Finds Hotel Shape Not Inherently Distinctive and Lacking in Acquired Distinctiveness
Abandonment:
Dilution:
Failure-to-Function:
- Precedential No. 18: BOYS WORLD Functions Not Only as the Name of a Musical Group, But Also as a Trademark
- TTABlog Test: Does "MAKE YOUR PASSION YOUR PAYCHECK" Function as a Source Indicator for T-Shirts? [Yes]
Genericness:
- Sustaining Tumblr's Opposition, TTAB Finds "TUMBLOG" Generic for .... Guess What?
- TTAB Affirms Genericness Refusal of COOKIEBOT for ..... Guess What?
- TTAB Finds "VETEMENTS" Generic for .... Guess What?
Goods in Trade:
Ownership:
Specimen of Use/Nonuse/Illegal Use:
- Precedential No. 15: Finding Essential Oil Dispensers to be Illegal Drug Paraphernalia, TTAB Affirms Refusal of Two Proposed Marks
- TTAB Grants Cancellation for Nonuse: ULTRA SUN Sunscreen Was Offered For Sale But Not Sold or Transported Before Critical Date
Entitlement to a Statutory Cause of Action:
Discovery/Evidence/Procedure:
CAFC Decisions:
- CAFC Reverses TTAB's "FL FLEX" Decision Due To Errors In Assessing the Strength of the Opposer's Marks
- CAFC Reverses TTAB's APPLE JAZZ Dismissal Due to Error in Awarding Priority to Apple Inc.
- CAFC Affirms TTAB: "SPARK LIVING" Confusable With "SPARK" for Related Real Estate Services
Recommended Reading:
- Recommended Reading: Professors Farley and Ramsey: "Raising the Threshold for Trademark Infringement to Protect Free Expression"
- Ted Davis Outline: "Recent Developments in United States Trademark and Unfair Competition Law"
- Recommended Reading: The Trademark Reporter's Annual Review of European Trademark Law
Other:
- TTAB Posts July 2023 Hearing Schedule
- USPTO Issues Notice of "Data Security Incident" Involving Applicant Domicile Information
- Parody at the TTAB: Does the Supreme Court's "Bad Spaniels" Ruling Change the Game?
- TTAB Posts June 2023 Hearing Schedule
- TTAB Posts May 2023 Hearing Schedule
- USPTO Proposes Increase in Trademark-Related Fees - Effective November 2024
Text © John L. Welch 2023.
posted by John L. Welch @ 6/16/2023
<< Home