2025 Precedential Opinions

Over the past four years, the Board has issued between 30 and 38 precedential rulings per year. In 2025, the Board issued 12. One might ask, why the drop-off?

Section 2(d) - Likelihood of Confusion:

• Precedential No. 12: DANKE Not Confusable with MERCI for Chocolates Despite Identical Meaning
• Precedential No. 11: TTAB Awards Section 44(d) Priority to Domiciliary of British Virgin Islands Based on Reciprocity, Grants Summary Judgment Motion Contingent on Ultimate Registration
• Precedential No. 9: Affirming GASPARILLA Section 2(d) Refusal, TTAB Rejects Flimsy Consent Agreement
• Precedential No. 10: TTAB Explains How to Submit Video Evidence, Reverses 2(d) Refusal of GASPER ROOFING Over JASPER CONTRACTORS
• Precedential No. 7: Opposer Fails to Prove Distinctiveness of its Common Law Mark, Loses 2d Opposition on Priority

Lack of Bona Fide Intent:

• Precedential No. 8: TTAB Shuts Down "THE HOTEL EL ROBLAR" Application Due to Lack of Bona Fide Intent
• Precedential No. 4: TTAB Sustains Opposition to CUADRA for Alcoholic Beverage Due to Lack of Bona Fide Intent

Entitlement to a Statutory Cause of Action:

• Precedential No. 2: TTAB Sustains Section 14(3) Opposition to LA MONTSERRATINA for Meat Products Based on Reputation in USA Without Use

Discovery/Evidence/Procedure:

• Precedential No. 6: TTAB Refuses to Add Affirmative Defense of Abandonment but Allows Addition as Counterclaims
• Precedential No. 3: Dismissal with Prejudice but Without Judgment Suffices for Claim Preclusion Defense

Prosecution Issues:

• Precedential No. 5: TTAB Will Not Accept Incorporation-By-Reference of An Appellant's Prosecution Arguments
• Precedential No. 1: TTAB Upholds USPTO Objections to Over-Inclusive Drawings for Watch Configuration Marks

Text Copyright John L. Welch 2025.