TTABlog Running Index: April 2023 - Date

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Section 2(d) - Likelihood of Confusion:

• TTABlog Test: How Did These Three Appeals from Section 2(d) Refusals Turn Out?
• TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?
• http://thettablog.blogspot.com/2023/05/ttablog-test-is-claim-watcher.html [No]
• TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?
• In a Split Decision, TTAB Finds SIREN'S BLEND for Coffee Confusable With the Starbucks Logo, But Not Confusable for Clothing
• TTAB Denies Petition for Cancellation of LITTLE NOTES Registration: Petitioner Failed to Prove Rights in the Mark Via Acquired Distinctiveness
• TTABlog Test: Are Restaurant Services and Live Musical Entertainment Related for Section 2(d) Purposes? [Yes]
• TTABlog Test: Are Beer and Restaurant Services Related for Section 2(d) Purposes?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?
• TTABlog Test: Are Wine and Restaurant Services Related for Section 2(d) Purposes? [No]
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?
• TTABlog Test: Is "K2 MOTORCARS & Design" Confusable With "K2 MOTOR & Design" For Automobile-Related Services?
• TTABlog Test: Is Puma's "PROCAT" Confusable with Caterpiller's "CAT" for Footwear?
• Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction
• TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal
• Precedential No. 12: TTAB Hands Win to MLBPA and Aaron Judge In Opposition to Judicial-Themed Trademarks for Clothing
• TTAB Reverses Two Refusals of BEAUTY POPS for Cosmetic Kits: Likelihood of Confusion and Mere Descriptiveness
• TTABlog Test: Is "FREEDOM X" Confusable With "OXLIFE FREEDOM" For Related Medical Products?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?

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

• TTABlog Test: How Did These Three Appeals from Section 2(e)(1) Mere Descriptiveness Refusals Turn Out?
• TTABlog Test: How Did These Three Appeals from Section 2(e)(1) Mere Descriptiveness Refusals Turn Out?

Section 2(e)(3) - Primarily Geographically Deceptively Misdescriptive:

• TTABlog Test: Is "JIGUANI" Primarily Geographically Deceptively Misdescriptive of Coffee?

Section 2(e)(5) - Functionality:

• TTAB Reverses Functionality Refusal of Rocking Chair Design But Finds Acquired Distinctiveness Lacking

Failure-to-Function:

• TTABlog Test: Does "MAKE YOUR PASSION YOUR PAYCHECK" Function as a Source Indicator for T-Shirts? [Yes]

Genericness:

• Sustaining Tumblr's Opposition, TTAB Finds "TUMBLOG" Generic for .... Guess What?
• TTAB Affirms Genericness Refusal of COOKIEBOT for ..... Guess What?
• TTAB Finds "VETEMENTS" Generic for .... Guess What?

Goods in Trade:

• Precedential No. 11: TTAB Reverses Six "Goods In Trade" Refusals for NY Times Non-Syndicated Column Titles

Ownership:

• Precedential No. 13: TTAB Allows Cancellation Respondent to Correct Registration Ownership

Specimen of Use/Nonuse/Illegal Use:

• Precedential No. 15: Finding Essential Oil Dispensers to be Illegal Drug Paraphernalia, TTAB Affirms Refusal of Two Proposed Marks
• TTAB Grants Cancellation for Nonuse: ULTRA SUN Sunscreen Was Offered For Sale But Not Sold or Transported Before Critical Date

Standing:

• Precedential No. 14: TTAB Dismisses RAPUNZEL Opposition: Professor Failed to Prove Entitlement to a Cause of Action

CAFC Decisions:

• CAFC Reverses TTAB's APPLE JAZZ Dismissal Due to Error in Awarding Priority to Apple Inc.
• CAFC Affirms TTAB: "SPARK LIVING" Confusable With "SPARK" for Related Real Estate Services

Recommended Reading:

• Ted Davis Outline: "Recent Developments in United States Trademark and Unfair Competition Law"
• Recommended Reading: The Trademark Reporter's Annual Review of European Trademark Law

Other:

• TTAB Posts May 2023 Hearing Schedule
• USPTO Proposes Increase in Trademark-Related Fees - Effective November 2024

Text © John L. Welch 2023.