TTABlog Running Index: July 2022 - Date

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Section 2(d) - Likelihood of Confusion:

• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: Are Battery Monitors Related to Fault Diagnosis Instruments? [No]
• TTABlog Test: Is "CALI BANH MI" Confusable With "BÁNH MÌ & CHÈ CALI" for Restaurant Services? [Yes]
• TTABlog Test: Eight Section 2(d) Refusals (in Three Opinions), Two Refusals Reversed - Which Ones?
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTAB Sustains Chicago Cubs' Opposition to a "C" Design for Clothing Items
• TTAB Finds "YOLA'S ALL NATURAL" for Skincare Products Confusable With "YOLA BEAUTY" (Stylized) for Retail Store Services Featuring Same
• TTABlog Test: Is "ELEPHANT LEARNING MATH ACADAMY" Confusable With "ELEPHANT GAMES" for Computer Game Software?
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTAB Finds WORKSUITES Merely Descriptive and Confusable With SUITEWORK for Office Space Leasing
• TTABlog Test: Is ELLA FRESH & Design for Fruits and Vegetables Confusable With ELLA ROSE FARM for Flowers? [Yes]

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

• TTABlog Test: Is "SUPERSALT" Merely Descriptive of Dietary Supplements? [Yes]
• TTAB Finds WORKSUITES Merely Descriptive and Confusable With SUITEWORK for Office Space Leasing

Section 2(f) - Acquired Distinctiveness:

• TTAB Denies Cancellation Petition for Failure to Prove Acquired Distinctiveness of Petitioner's Common Law Marks

Genericness:

• TTAB Affirms Genericness Refusal of FILATI (Stylized) for ... Guess What?

Specimens of Use/Nonuse/Non Ownership:

• TTAB Reverses Specimen Refusal: One Specimen May Support Products in Multiple Classes
• TTAB Upholds Refusal of "THIS IS FOR MY GIRLS" for Musical Services Because It Appears Only as a Song Title on Applicant's Specimens of Use

Procedural Issues/Discovery:

• Precedential No. 17: TTAB Dismisses "HUNGRY" Section 2(d) Opposition Due to False Testimony and Spoliation of Evidence
• STARPOINT Cancellation Petitioner Fails to Prove Statutory Standing

CAFC Decisions:

• CAFC Reverses TTAB's THUMS UP and LIMCA Decision: Coca-Cola Failed to Prove Use or Reputation in the U.S. and So Lacked Statutory Standing

Recommended Reading:

• Recommended Reading: The Trademark Reporter, May-June 2022 Issue
• Recommended Reading: Prof. Lorelei Ritchie, "Recognizing the "Use"-fulness of Evidence at the TTAB"

Other:

• E.D. Pa. Dismisses PELOTON Complaint for Review of TTAB Decision Due to Lack of Personal Jurisdiction
• TTAB Posts August 2022 (Video) Hearing Schedule
• Trademark Public Advisory Committee (TPAC) Quarterly Meeting: July 29, 2022 at 11:30 AM (ET)

Text Copyright John L. Welch 2022.