The TTABlog® Running Index

TTABlog Running Index: October 2024 - Date

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Section 2(d) - Likelihood of Confusion:

PICKWELL FARMS Confusable with PICTSWEET FARMS for Frozen Vegetables, Says TTAB
TTABlog Test: Is AGAVE BLACK Confusable with BLACK AGAVE ESPECIAL for Skin Care Preparations? [Yes]
TTABlog Test: Three Section 2(d) Appeals - Affirmed or Reversed?
TTAB Reverses 2(d) Refusals of "SUN CHLORELLA" for Noodles Due to Crowded Field
TTAB Finds Energy Drinks Related to Nutritional Supplements and Pickles
TTABlog Test: Is This Word-and-Design Mark Confusable with PASION, Both for Cigars?
TTABlog Test: Is FIJIAN SPICE COMPANY for Spices Confusable with FIJI for Drinking Water?
TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed on Appeal?
TTABlog Test: Three Recent Section 2(d) Oppositions - How Do You Think They Came Out?
Precedential No. 25: TTAB Awards Priority to Opposer over Its Employee, Sustains Opposition to DISTRICT OF FASHION Mark
TTABlog Test: Three Section 2(d) Appeals - Affirmed or Reversed?
TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?
Consent Agreement Trumps Other DuPont Factors in Reversal of Section 2(d) Refusal
TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?

Section 2(e)(1) - Mere Descriptiveness:

Section 2(f) - Acquired Distinctiveness:

"Sunflower in Lapel" for Legal Services Lacks Acquired Distinctiveness, Says TTAB

Abandonment:

In Second Stage of Cancellation Proceeding, TTAB Deems RASCAL HOUSE Abandoned for Restaurant Services

Failure to Function/Specimen of Use:

Genericness:

District Court Overturns USPTO's Genericness Refusal of SPECTACLES for "Smart Glasses"

Discovery/Evidence/Procedure:

Recommended Reading:

Other:

Text © John L. Welch 2024.

2024 Precedential Decisions

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Section 2(a) - False Suggestion of a Connection:

Precedential No. 11: TTAB Upholds 2(a) False Connection Refusal of LEATHERNECKS for Motorcycle Club Membership

Section 2(d) - Likelihood of Confusion:

Section 2(e)(1) - Mere Descriptiveness:

Section 2(f) - Acquired Distinctivenss:

Precedential No. 2: TTAB Affirms Refusal to Register Proposed Multi-Color Mark for Breakfast Cereals

Failure-to-Function/Specimen of Use:

Precedential No. 2: TTAB Affirms Refusal to Register Proposed Multi-Color Mark for Breakfast Cereals

Fraud:

Precedential No. 18 (Part I): Fraud! TTAB Grants Petition to Cancel BLOOKE Registration for Bicycles

Use/Nonuse:

Discovery/Evidence/Procedure:

Text Copyright John L. Welch 2024.

TTABlog Quarterly Index: July - September 2024

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Section 2(a) - Deceptiveness:

TTABlog Test: Is LEATHER MAN LTD & Design Deceptive for Belts Not Made of Leather? [No]

Section 2(c) - Consent of Living Individual

TTAB Affirms Section 2(c) Refusal of TRUMPINOCCHIO for Shirts due to lack of Consent by ... Guess Who?

Section 2(d) - Likelihood of Confusion:

Section 2(e)(1) - Mere Descriptiveness:

Section 2(e)(2) - Primarily Geographically Descriptive:

TTABlog Test: Is AMERICAN CLOUD Primarily Geographically Descriptive of Cloud-Based Computer Services? [Yes]

Section 2(e)(4) - Primarily Merely a Surname:

TTABlog Test: Is "SIMON FAMILY WINES" Primarily Merely a Surname for Wines? [Yes]

Failure-to-Function:

"A CHANCE TO LIVE LONGER" Fails to Function as a Source Indicator for Medical Information, Says TTAB

Fraud:

Genericness:

TTAB Finds LOTERIA Generic for Gaming Machines

Use/Nonuse/Specimen of Use:

Discovery/Evidence/Procedure:

CAFC:

Recommended Reading:

Other:

Text © John L. Welch 2024.

TTABlog Quarterly Index: April - June 2024

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(a) - False Suggestion of a Connection:

Precedential No. 11: TTAB Upholds 2(a) False Connection Refusal of LEATHERNECKS for Motorcycle Club Membership

Section 2(c) - Consent of Living Individual

Supreme Court Upholds Constitutionality of the Trademark Act’s “Names Clause” in Affirming Refusal to Register TRUMP TOO SMALL

Section 2(d) - Likelihood of Confusion:

Section 2(e)(1) - Mere Descriptiveness:

Section 2(e)(5) - Functionality:

TTAB Says "No Dice" to Opposer's Claim of Functionality of Dice Box Configuration

Section 2(f) - Acquired Distinctiveness:

Section 43(c) - Likelihood of Dilution:

TTAB Sustains Nike's Confusion and Dilution Claims Against "DON'T JUST DO IT, GET IT DONE" for Clothing

Abandonment:

TTAB Summarily Dismisses Monster Energy's Opposition to PREDATOR & Design: No Lack of Bona Fide Intent and No Abandonment

Failure-to-Function:

Genericness:

Laches:

TTAB Orders Cancellation of UBANK Registration for Banking Services, Rejects Laches Defense and Suggested Geographical Carve-Out

Lack of Bona Fide Intent:

TTAB Summarily Dismisses Monster Energy's Opposition to PREDATOR & Design: No Lack of Bona Fide Intent and No Abandonment

Nonuse:

TTAB Orders Cancellation of TEEN EARTH Registration Due to Nonuse With Intent Not to Resume Use

Ownership:

TTAB Orders Cancellation of "THE PLIMSOULS" Registration on Ownership and Likelihood of Confusion Grounds, Rejects Abandonment Claim

Discovery/Evidence/Procedure:

CAFC Decisions:

Recommended Reading:

Other:

Text © John L. Welch 2024.

TTABlog Quarterly Index: January - March 2024

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(a) - False Suggestion of a Connection:

Despite Applicant's Bad Intent, TTAB Dismisses Oppositions to EVSFOOD for Beverages

Section 2(d) - Likelihood of Confusion:

Section 2(e)(1) - Mere Descriptiveness:

Section 2(e)(1) - Deceptive Misdescriptiveness:

CUESZ Is Deceptively Misdescriptive of Cue-less Fitness Training Services, Says TTAB [Yes]

Section 2(e)(4) - Primarily Merely a Surname:

TTABlog Test: Is CANTU for Vehicle Tires Primarily Merely a Surname? [Yes]

Section 2(e)(5) - Functionality:

TTAB Affirms Section 2(e)(5) Functionality Refusal of Holster Configuration

Section 2(f) - Acquired Distinctivenss:

Abandonment:

TTAB Denies Bertini's Petition for Cancellation of APPLE Registration Due to Failure of Proof of Abandonment

Failure-to-Function/Specimen of Use:

Nonownership:

Nonuse:

Discovery/Evidence/Procedure:

CAFC Decisions:

Recommended Reading:

Other:

Text © John L. Welch 2024.

TTABlog Running Index: October - December 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:

Section 2(e)(1) - Mere Descriptiveness:

Section 2(e)(1) - Deceptive Misdescriptiveness:

TTAB Finds "4:20" Deceptively Misdescriptive of Tobacco and Cigarette-Related Products Not Containing or Used With Cannabis

Section 2(e)(5) - Functionality:

TTAB Orders Cancellation of Registration for Configuration of Glass-Breaking Device on the Ground of Section 2(e)(5) Functionality

Section 2(f) - Acquired Distinctivenss:

TTAB Finds "GIGANTOSAURUS" Descriptive of Cartoon Dissemination Services, but Registrable Under Section 2(f)

Abandonment:

Precedential No. 31: De Minimis Sales of Amplifiers Over Six-Year Period Leads to Cancellation of "CS" Registration for Abandonment

Bona Fide Intent:

Lack of Bona Fide Intent Sinks Application to Register JUICY FRUIT & Design for T-shirts

Dilution:

VOGUE VEGAN for Cosmetics Dilutes Famous VOGUE Marks, Says TTAB

Failure-to-Function/Specimen of Use:

Genericness:

Discovery/Evidence/Procedure:

CAFC Decisions:

Recommended Reading:

Other:

2023 Precedential Decisions

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. You may also follow the TTABlog on Twitter: @TTABlog.

Section 2(d) - Likelihood of Confusion:

Section 2(e)(1) - Mere Misdescriptiveness: