TTABlog Running Index: April - June 2022
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Section 2(a) - False Association: Section 2(d) - Likelihood of Confusion:
- TTAB Affirms "EVERLAST" Refusal on Res Judicata and Section 2(d) Grounds
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- In Light of Third-Party Use of "CLOVER," TTAB Reverses Two Section 2(d) Refusals of CLOVER CLUB Marks For Restaurant Services, But Affirms Two
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- Is "Make Shift Happen" (Stylized) Confusable With "Shift Happens!" (Stylized) for T-Shirts?
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- TTABlog Test: Is "NOJOKE" for E-Cigarette Products Confusable with "JOKER" for Cigarette Paper?
- Despite Strength of Kate Spade Marks, TTAB Dismisses Opposition to "WOLV & Spade Logo" for Watches
- TTABlog Test: Are Flavored Ices and Cupcakes Related for Section 2(d) Purposes? Are These Marks Confusingly Similar? [Yes]
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- TTABlog Test: Are Distilled Spirits and Lottery Services Related for Section 2(d) Purposes?
- Third-Party Use Evidence Falls Short: TTAB Affirms Section 2(d) Refusal of PROOF for "Restaurant services namely Pizza"
- TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
- TTABlog Test: Are These Two "MLG" Marks Confusable for Legal Services?
- Precedential No. 11: TTAB Dismisses SKËNDERBEU Brandy Opposition for Failure to Prove Priority and Fraud
- Precedential No. 9: TTAB Overturns RAINCOAST DIP Section 2(d) Refusal in Light of Coexistence Agreement Pooh-poohed by USPTO
Section 2(e)(1) - Deceptive Misdescriptiveness Section 2(e)(1) - Mere Descriptiveness:
- TTABlog Test: Is "DIGITAL VISUAL OBSERVER" Merely Descriptive of Drone Managing and Tracking Software? [Yes]
- TTAB Deems "DIRECT DIVINE LIGHT HEALING" Generic for and Merely Descriptive of Educational Services in the Field of Spiritual Healing
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
- "EVERYBODY VS RACISM" Fails to Function as a Source Indicator for Bags, Clothing, and Public Interest Services, Says TTAB
- "DESIGNED, SOURCED AND BUILT IN THE USA" Fails to Function as a Trademark for Industrial Chemicals, Says TTAB
Genericness:
- TTAB Deems "DIRECT DIVINE LIGHT HEALING" Generic for and Merely Descriptive of Educational Services in the Field of Spiritual Healing
- Precedential No. 10: TTAB Affirms Refusal to Register Handbag Shape: Generic and (Alternatively) Lacking Acquired Distinctiveness
- TTAB Affirms "EVERLAST" Refusal on Res Judicata and Section 2(d) Grounds
- TTAB Dismisses "PAWTY PACK" Opposition Due to Failure to Establish Entitlement to a Statutory Cause of Action (f/k/a "Standing")
- Precedential No. 12: TTAB Delivers Up a Nothingburger to Applicant Seeking to Strike Testimony and Evidence
- Precedential No. 8: TTAB Upholds Refusal Based on Applicant's Noncompliance with Domicile Address Requirement
- Twitter Poll Results: "After attending the INTA Annual Meeting in DC, did you test positive for Covid?"
- TTAB Considers Pilot Pretrial Conference Program
- Infringement Plaintiff May Rely on Priority Date of Madrid Protocol Extension of Protection to Establish Priority
- TTAB Posts May 2022 (Video) Hearing Schedule
- TTAB Posts April 2022 (Video) Hearing Schedule
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