2019 Precedential Opinions

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Section 2(a) - False Connection:

• Precedential No. 25: TTAB Grants Section 2(a) Cancellation Petition: SCHIEDMAYER for Pianos Falsely Suggests a Connection with Petitioner
• Precedential No. 22: PIERCE-ARROW for Autos Confusable With PIERCE ARROW SOCIETY, Says TTAB

Section 2(c) - Consent to Register:

• Precedential No. 10: TTAB Dismisses Rare Section 2(c) Opposition Due to Death of Named Individual

Section 2(d) - Likelihood of Confusion:

• Precedential No. 32: Finding Bakery Shops and Bread Buns Related, TTAB Affirms 2(d) Refusal of COUNTRY OVEN
• Precedential No. 22: PIERCE-ARROW for Autos Confusable With PIERCE ARROW SOCIETY, Says TTAB
• Precedential No. 24: RICHARD MAGAZINE Not Confusable With RICARDO for Related Services, Says TTAB

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

• WYHA? Precedential No. 38: TTAB Rules that Patent Filings Are Probative Evidence of Descriptiveness
• Precedential No.19: TTAB Finds Certification Mark Merely Descriptive, Lacking Acquired Distinctiveness
• Precedential No. 18: TTAB Affirms Trifusal of SCOOP for Ice Cream: Mere Descriptiveness, Failure-to-Function, and Unacceptable Specimen
• Precedential No. 12: TTAB Finds NATIONAL MIDGET SERIES Merely Descriptive, Not Generic, for Auto Racing

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

• TTABlog Test: Precedential No. 3: TTAB Reverses Section 2(e)(2) Geographical Descriptiveness Refusal of BA BEEF for Beef

Section 2(e)(5) - Functionality:

• Precedential No. 23: TTAB Affirms Section 2(e)(5) Functionality Refusal of Umbrella Configuration

Section 2(f) - Acquired Distinctiveness:

• Precedential No.19: TTAB Finds Certification Mark Merely Descriptive, Lacking Acquired Distinctiveness

Abandonment:

• Precedential No. 30: TTAB Denies Abandonment Counterclaim for Failure to Prove No Intent to Resume Use

Genericness:

• Precedential No. 37: TTAB Rules that the Color Red is Generic for Saw Blades
• Precedential No. 36: TTAB Deems ALLERGY CARE Generic for ... Guess What?
• Precedential No. 28: TTAB Affirms Genericness Refusal of Packaging Design for Socks
• Precedential No. 21: TTAB Finds MALAI Generic for Ice Cream
• Precedential No. 15: HEALTHPLANS.COM Generic for Health Insurance Advertising Services, Not for Online Software for Tracking Advertising
• Precedential No. 12: TTAB Finds NATIONAL MIDGET SERIES Merely Descriptive, Not Generic, for Auto Racing
• Precedential No. 6: TTAB Finds ALGAE WAFERS Generic for .... Guess What?
• Precedential No. 5: TTAB Finds VIRTUAL INDEPENDENT PARALEGALS Generic for ..... Guess What?

Lack of Bona Fide Intent:

• Precedential No. 7: Finding Lack of Bona Fide Intent, TTAB Sustains Opposition to MIRACLE ON 35th STREET

Nonuse/Abandonment/Specimen of Use/Failure to Function:

• Precedential No. 33: Another Failure-to-Function Refusal
• Precedential No. 18: TTAB Affirms Trifusal of SCOOP for Ice Cream: Mere Descriptiveness, Failure-to-Function, and Unacceptable Specimen
• Precedential No. 17: Specimens Fail to Show Use of Mark for Retail Store Services, Says TTAB
• Precedential No. 13: TTAB Affirms Failure-to-Function Refusal of UNLIMITED CARRYOVER for Telecommunication Service
• Precedential No. 2: #MAGICNUMBER108 Fails to Function as a Trademark for Shirts, Says TTAB
• Precedential No. 1: Wal-Mart's "INVESTING IN AMERICAN JOBS" Fails to Function as a Service Mark, Says TTAB

Ownership:

• Precedential No. 29: TTAB Dismisses Opposition to Section 1(b) Application, Ownership Is Not an Issue

Discovery/Evidence/Procedure::

• Precedential No. 35: TTAB Dismisses Appeal Because Applicant Did Not Address Drawing and Color Requirements
• Precedential No. 34: TTAB Denies Motion To Compel Production Of Metadata Because Opposer Didn't Ask For It
• Precedential No. 31: TTAB Enters Judgment as a Sanction for Willful Evasion of Discovery
• Precedential No. 27: TTAB Excludes Evidence Due to Spoliation, But Declines to Enter Judgment as a Sanction
• Precedential No. 26: TTAB Dismisses Cancellation Proceeding Due to Petitioner's Fabrication of Evidence
• Precedential No. 20: TTAB Declines to Strike Summary Judgment Motion as Untimely After Respondent Consented to Extension
• Precedential No. 16: Options for Cross-Exam of Foreign Trial Witness Are Limited, Says TTAB
• Precedential No. 14: Cross-Examination of US-Based Testimony Declarant Must be by Oral Deposition, Not Written Questions, Says TTAB
• Precedential No. 11: TTAB Hammers Cancellation Respondent Over Inadequate Discovery Responses
• Precedential No. 9: TTAB Rules That Testimony Declarations Must Be Executed During Testimony Period
• Precedential No. 8: TTAB Rejects Designation of Documents and Responses as "Attorneys' Eyes Only"
• Precedential No. 4: Finding Excusable Neglect Based on Attorney's Medical Issues, TTAB Re-opens Petitioner's Testimony Period

Text Copyright John L. Welch 2019.