TTABlog Running Index: October 2024 - Date

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Section 2(d) - Likelihood of Confusion:

• 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:

• TTABlog Test: Must "CATTLE COMPANY" Be Disclaimed in "ROCK CREEK CATTLE COMPANY" for Real Estate Development Services?
• TTABlog Test: Must "Pop! Popcorn" Be Disclaimed in "Harry & David Pop! Popcorn" for Popcorn?

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

Genericness:

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

Discovery/Evidence/Procedure:

• TTAB Denies Motion For Relief from Judgment After Applicant Failed to Appoint U.S. Counsel
• Precedential No. 24: TTAB Rejects Law School Amicus Brief, Denies Partial Summary Judgment, and Tosses Out Six Affirmative Defense

Recommended Reading:

• Recommended Reading: Farmer and Bosnic: "2023-24 Trademarks Developments"

Other:

• Replay of and Slides from Michael Keyes Webinar on "Avoiding Consumer Survey Pitfalls at the TTAB"
• TTABlog Webinar: Michael Keyes on "Avoiding Consumer Survey Pitfalls at the TTAB"

Text © John L. Welch 2024.