Ttabblog

Here's another 2017 precedential interlocutory ruling that slipped under the TTABlog radar. In this consolidated opposition and cancellation proceeding, the Board considered whether an answer may be amended to add an omitted counterclaim "when justice so requires," or whether under FRCP 15 a …

Ttabblog. TTABlog comment: Rather fact-specific for a precedential decision, I think. Breaks no new ground as far as I can see. Breaks no new ground as far as I can see. Apparently an in-house counsel's explanation is more probative than an outside counsel's representations ( Tsubaki ).

In April 2020, the Board affirmed a Section 2(d) refusal to register the mark INFORMATION BUILDERS and Design (above left) for database software and related design services, finding the mark confusingly similar to the design mark shown above right, for overlapping software and services.In re Information …

Since November 30, 2021, we’ve anxiously been waiting for the Federal Circuit to decide the Chutter appeal and determine whether the TTAB was correct in lowering the standard for proving trademark fraud from the far more difficult specific intent to deceive the U.S. Trademark Office standard under Bose, to the …Jan 2, 2022 · The Board has re-designated this opinion as precedential. In a 51-page opinion, the Board affirmed a refusal to register the product configuration shown below, for "handbags," finding the design to be generic and, alternatively, lacking in acquired distinctiveness: "Handbags embodying the proposed mark are so common in the industry that such product design is not capable of indicating source ... The CAFC affirmed the TTAB's decision [TTABlogged here] granting a motion for judgment on the pleadings (FRCP 12(c)) on the ground that Applicant Grands Domaines' word-and-design mark shown below, for "wines made from grapes from Côtes de Provence in accordance with adapted standards," is not confusingly similar to Opposer Jackson …Use analogous to trademark use: Even before technical trademark use has commenced, advertising or similar pre-sale activities may establish priority if they create the necessary source association in the mind of consumers. Opposer introduced its SNACK-DUO product in Pet Business magazine (see advertisement below) and at a trade show …About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features NFL Sunday Ticket Press Copyright ...

👍 SUB New Channel : https://www.youtube.com/user/extremedit360 ️ HOT VIDEO : https://youtu.be/UtPHajUfQvk 🔸Sister Karen Part 2 : https://youtu.be/yJpaxAHP3...In the long-running Galperti case (9 and 1/2 years), after two appeals to the CAFC resulted in remands, the TTAB has dismissed Galperti-USA's petition for cancellation of a registration for the mark GALPERTI for "ironmongery." The CAFC had affirmed the denial of Galpteri-USA's likelihood of confusion claim but twice concluded that the Board …Here are three appeals decided by the TTAB two days ago: a Section 2(e)(1) mere descriptiveness refusal, a Section 2(e)(4) surname refusal, and a…Prof. Ken Germain, noted trademark expert, will present his (heretical?) views on product configuration trade dress law in a discussion entitled: "Product Design Trade Dress: Exposing the Aesthetic Functionality and Unconstitutionality of 'Convex Arcs' (aka 'Son of TrafFix ')." Time and place: The CLE Conference Center – Breakfast from 8:30 – …After nearly six years, I am updating the TTABlog collection of Section 2 (a) false connection cases. There appears to be a fairly even split between cases in which a false connection is found, and those not. Of course, most of these decisions are not precedential, but we know that even non-precedential decisions may be helpful in …About Press Copyright Contact us Creators Advertise Developers Terms Privacy Policy & Safety How YouTube works Test new features NFL Sunday Ticket Press Copyright ...

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USA May 31 2017. Here is the latest version of " Advanced Practice Tips from the TTAB ," which provides highly useful guidance on how to navigate many of the procedural …TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? USA - September 18 2023 The rate of affirmance for Section 2(d) refusals is running at 85% or so this year. That's about 5% lower ...Blog The TTABlog. Wolf, Greenfield & Sacks, PC. USA February 11 2016. Once in a great while, a precedential interlocutory ruling of the TTAB slips through the …The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2021). This is the first of two (2) posts; the first five (5) selections are set out below. Additional commentary on each case may be found …

Michael Hall of Womble Bond Dickinson has kindly provided the following thought-provoking comments on the current status of the TTAB's genericness jurisprudence, and particularly on the Board's recent Uman Diagnostics decision applying a "preponderance of the evidence" standard for proof of … The Patent Trial and Appeal Board (PTAB) conducts trials, including inter partes, post-grant, and covered business method patent reviews and derivation proceedings, hears appeals from adverse examiner decisions in patent applications and reexamination proceedings, and renders decisions in interferences. Sep 30, 2021 · Expand all | Collapse all. This page provides useful filing information to submit requests for extensions of time to oppose, new appeals or new opposition or petition for cancellation pleadings or, subsequent filings in existing TTAB proceedings. 👍 SUB New Channel : https://www.youtube.com/user/extremedit360 ️ HOT VIDEO : 🔸Stripped of Dignity : https://youtu.be/5-8kLnEg4Ts 🔸Stranded : https://youtu...John L. Welch; Wolf Greenfield; JLW Articles. The Seventy-Fifth Year of Administration of the Lanham Act of 1946 (2023) The Top Ten TTAB Decisions of 2022.John L. Welch; Wolf Greenfield; JLW Articles. The Seventy-Fifth Year of Administration of the Lanham Act of 1946 (2023) The Top Ten TTAB Decisions of 2022.E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the TTABlog on Twitter: @TTABlog. Section 2(a) - False Association: TTAB Reverses Section 2(a) False Association Refusal of "WILL AND KATE PHOTOGRAPHY" for …My Capital One 360 Savings review, a great place to earn higher interest paid and garner that ability to have a separate account to save your money. Part-Time Money® Make extra mon...

Sep 30, 2021 · Expand all | Collapse all. This page provides useful filing information to submit requests for extensions of time to oppose, new appeals or new opposition or petition for cancellation pleadings or, subsequent filings in existing TTAB proceedings.

A Federal Court ruled that works that are entirely created by artificial intelligence ("AI") systems cannot receive a copyright under United States law. TTABlog Quarterly Index: October - December 2020. TTABlog Quarterly Index: October - December 2021. TTABlog Quarterly Index: April - June 2022. TTABlog …Mar 24, 2022 · Read through a sample of the most recent Director's Blog posts. [No] TTAB FInds "THE TOKING DEAD" Confusable with "THE WALKING DEAD" For Clothing and Ancillary Goods. JEAN LEON'S LA SCALA for Restaurant … Trademark Help - Trademark Trial and Appeal Board (TTAB) - Rule Changes. When did the rule changes come into effect? Under the rule changes discovery responses must be served prior to the close of discovery, will that apply to cases pending on Jan. 14, 2017? The U.S. Court of Appeals for the Federal Circuit (CAFC) weaved its way through Supreme Court precedent on the law of color marks in vacating and remanding the TTAB’s decision upholding a refusal to register a color mark for multiple colors applied to product packaging. The Board concluded that such a mark cannot be inherently distinctive ...In a non-precedential ruling, the CAFC affirmed the TTAB's decision in University of Southern California v.The University of South Carolina, Opposition No. 91125615 (August 1, 2008) [not precedential].[TTABlogged here].At the Board level, the Trojans of USC (California) topped the Gamecocks of USC (South Carolina) in a Section …Tesla delivered 422,875 electric vehicles in the first quarter of 2023, just beating Wall Street estimates of around 420,000 units. Tesla said Sunday it delivered 422,875 electric ...

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Cards Against Humanity, LLC v. Vampire Squid Cards, LLC, Opposition No. 91225576, hosted by United States Patent and Trademark Office. The Trademark Trial and Appeal Board (“Board”) sustained an opposition by Cards Against Humanity (“CAH”) to a trademark application by Vampire Squid Cards (“VSC”) for their product, Crabs Adjust …Here's another 2017 precedential interlocutory ruling that slipped under the TTABlog radar. In this consolidated opposition and cancellation proceeding, the Board considered whether an answer may be amended to add an omitted counterclaim "when justice so requires," or whether under FRCP 15 a …The Board dismissed an opposition to registration of SPLIT DECISION for "Entertainment services in the nature of live visual and audio performances, namely, musical rock band," finding that Opposer Billy Stott failed to carry his burden to prove that Applicant Split Decision Music, LLC was not the owner of the mark.Stott began to …The Board sustained this opposition to a Section 66(a) application for the mark NESPORT for various products in classes 5, 30, and 32, including nutritional supplements, energy bars, and sports drinks, finding that Applicant Taboada lacked a bona fide intention to use the mark in commerce for the identified goods. Opposer Nestle …“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 https://t.co ...The November-December 2023 (Vol. 113 No. 6) issue of the Trademark Reporter has been published. [pdf here ]. Willard Knox, Editor-in-Chief, summarizes the contents as follows (and below): "This issue offers our readers an article proposing an innovative, neuroscience-based approach to establishing likelihood of confusion, an article detailing ...TTABlog Quarterly Index: January - March 2023. E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at …Likelihood of confusion is a question of law, which the CAFC reviews de novo, whereas the Board's factual findings underlying that conclusion are reviewed for substantial evidence.Applicant JS ADL challenged the Board's findings as to the strength of the cited mark and the similarity of the marks, as well as the …TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? USA - September 18 2023 The rate of affirmance for Section 2(d) refusals is running at 85% or so this year. That's about 5% lower ...Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. Its evidence regarding its first rendering of services under the mark was … ….

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the TTABlog on Twitter: @TTABlog. Section 2(a) - False Association: TTAB Reverses Section 2(a) False Association Refusal of "WILL AND KATE PHOTOGRAPHY" for … In re Medline Industries, Inc., 2020 USPQ2d 10237 (TTAB 2020) [precedential] (Opinion by Judge Christopher Larkin).[TTABlogged here].In a rare Section 2(d) refusal involving color marks, the Board reversed a refusal to register, on the Supplemental Register, the color green (left) as applied to “medical examination gloves” in view of the registered mark shown on the right (also on the ... Starting a Forex fund can provide you with a way to come up with the money necessary to make large profits in the foreign exchange market. This market has a vast amount of potentia... Citation of Opinions to the. Trademark Trial and Appeal Board. It has been the policy of the Trademark Trial and Appeal Board. (TTAB) that TTAB opinions not designated as precedential should not be. cited to the TTAB and, if cited, are disregarded. E.g., General. Mills Inc. v. Health Valley Foods, 24 USPQ2d 1270, 1275 n.9 (TTAB. The TTABlog<sup>®</sup>: Precedential No. 27: TTAB Renders Split Decision in Appeal From Section 2 (d) Refusal of IMPACT for Various Healthcare …Prof. Ken Germain, noted trademark expert, will present his (heretical?) views on product configuration trade dress law in a discussion entitled: "Product Design Trade Dress: Exposing the Aesthetic Functionality and Unconstitutionality of 'Convex Arcs' (aka 'Son of TrafFix ')." Time and place: The CLE Conference Center – Breakfast from 8:30 – …Blog The TTABlog. Wolf, Greenfield & Sacks, PC. USA February 11 2016. Once in a great while, a precedential interlocutory ruling of the TTAB slips through the …Mar 24, 2022 · Read through a sample of the most recent Director's Blog posts. Ttabblog, Mandatory electronic filing. The TTAB requires electronic filing using the Electronic System for Trademark Trials and Appeals (ESTTA) for all submissions in TTAB proceedings and requests for extensions of time to oppose. If ESTTA is unavailable due to technical problems, or when extraordinary circumstances are present, customers may …, In a 46-page Order, the Board denied Petitioner Zuru LLC's motion for sanctions and for further discovery in this cancellation proceeding based on the alleged genericness of the mark LEGO for toy building blocks. Zuru argued that the requested relief was warranted in view of Respondent Lego’s purported misconduct related to its …, The TTAB confirmed that an Applicant cannot include in its identification of goods a third-party's registered trademark. Applicant Great American's i.d. of goods for the mark MASTER CELL PROTECTOR included the registered trademark BIOFACTORS: "dietary supplement, namely, high potency anti-oxidant formula with collagen and elastin …, The Board sustained this opposition to a Section 66(a) application for the mark NESPORT for various products in classes 5, 30, and 32, including nutritional supplements, energy bars, and sports drinks, finding that Applicant Taboada lacked a bona fide intention to use the mark in commerce for the identified goods. Opposer Nestle …, Singapore Airlines has one of the industry's best first class products in its A380 Suites. We review Suites from Frankfurt to New York. We may be compensated when you click on prod..., Jan 14, 2017 · Report outage to ESTTA staff. If you experience technical difficulties with ESTTA, immediately email [email protected]. If the outage is during normal business hours, between 8:30 a.m. and 5 p.m. Eastern Time, Monday through Friday, except federal holidays, please contact the Trademark Trial and Appeal Board Assistance Center at 571-272-8500. , 1 cup of dried wheat berries. 1 cup of dried rye berries. 2 cups of sunflower seeds. 2 cups of dried soldier fly larvae. 2 cups of groats. 2 cups of barley. Mix all ingredients together and store in an airtight container placed in a dark, cool place. Feed around a …, The Board ordered consolidation of two oppositions involving the same marks and parties and common issues of law and fact. The Board then granted Applicant YogaGlo's motion to compel responses to its interrogatories, overruling opposer's objection that the number of interrogatories exceeded Rule 2.120(d)'s limit of 75, including subparts., ttablog, President Joe Biden wants to give Americans a third round of stimulus checks in the amount of $1,400, to add to the recent $600 payments and make a total of ... Get top content in ..., John L. Welch; Wolf Greenfield; JLW Articles. The Seventy-Fifth Year of Administration of the Lanham Act of 1946 (2023) The Top Ten TTAB Decisions of 2022., The USPTO refused to register the proposed mark SPECTACLES for wearable computer hardware and peripherals, on the ground of genericness. Applicant Snap argued that its product does not correct vision, but is "a sophisticated digital camera with a battery and related software and hardware that allow users to upload pictures and …, Apr 29, 2022 · The United States Patent and Trademark Office (USPTO), Trademark Trial and Appeal Board (TTAB) has begun a pilot program for holding Final Pretrial Conferences in certain inter partes (trial) cases to better manage and streamline opposition and cancellation proceedings that proceed to trial. The goal of the pilot is to save time and resources ... , TTABlog comment: Unlike in the last two years year, the month of September was not so bad for appellants. In September 2019, the Board affirmed all 47 Section 2(d) refusals. In 2020, it was 45 out of 46. Last year, there were 38 affirmances and 10 reversals. Since September is the last month of the USPTO's fiscal year, a lot of …, 👍 SUB New Channel : https://www.youtube.com/user/extremedit360 ️ HOT VIDEO : 🔸The Angel : https://youtu.be/eWvR-Zkg4Jo 🔸That Girl : https://youtu.be/tmojZ..., USA May 31 2017. Here is the latest version of " Advanced Practice Tips from the TTAB ," which provides highly useful guidance on how to navigate many of the procedural issues/hurdles faced by the ..., President Joe Biden wants to give Americans a third round of stimulus checks in the amount of $1,400, to add to the recent $600 payments and make a total of ... Get top content in ..., An IRA share account is an individual retirement arrangement that keeps its funds in credit union accounts. Technically, credit union depositors hold shares in the institution rath..., Blog The TTABlog. Wolf, Greenfield & Sacks, PC. USA February 11 2016. Once in a great while, a precedential interlocutory ruling of the TTAB slips through the …, Blogging. TTABlog: Eight years of keeping tabs on the TTAB. By Ron Coleman Jun 17, 2021 #John Welch, #TTAB. Written by: Ron Coleman. Busy as we …, The CAFC pointed out that "even marketplace users of a term lacking secondary meaning for the users are among the uses" that must be counted in assessing whether a mark has been in "substantially exclusive" use., We reviewed CARCHEX extended car warranty, customer service, benefits, maintenance, coverage options and more. By clicking "TRY IT", I agree to receive newsletters and promotions f..., The Board reversed a Section 2(e)(1) mere descriptiveness refusal of WATERCRAFT SUPERSTORE for "Online retail store services featuring personal watercraft parts and accessories" [SUPERSTORE disclaimed]. Applicant convinced the Board that the mark has acquired distinctiveness under Section 2(f) by pointing to many website …, USA May 31 2017. Here is the latest version of " Advanced Practice Tips from the TTAB ," which provides highly useful guidance on how to navigate many of the procedural …, For public access to a TTAB hearing, either virtual or in-person, submit a request to [email protected]. (link sends email) at least 3 days before the hearing. For more information about TTAB oral hearings, please contact [email protected] or call 571-272-8500. , TTABlog comment: Unlike in the last two years year, the month of September was not so bad for appellants. In September 2019, the Board affirmed all 47 Section 2(d) refusals. In 2020, it was 45 out of 46. Last year, there were 38 affirmances and 10 reversals. Since September is the last month of the USPTO's fiscal year, a lot of …, E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com., In a 46-page Order, the Board denied Petitioner Zuru LLC's motion for sanctions and for further discovery in this cancellation proceeding based on the alleged genericness of the mark LEGO for toy building blocks. Zuru argued that the requested relief was warranted in view of Respondent Lego’s purported misconduct related to its …, Nov 9, 2018 · Precedential and informative decisions. Precedential decisions establish binding authority concerning major policy or procedural issues, or other issues of exceptional importance, including constitutional questions, important issues regarding statutes, rules, and regulations, important issues regarding case law, or issues of broad applicability ... , The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight (8) oral hearings for the month of April 2023. Five of the hearings will be held via video conference; three will be held "in …, The TTAB confirmed that an Applicant cannot include in its identification of goods a third-party's registered trademark. Applicant Great American's i.d. of goods for the mark MASTER CELL PROTECTOR included the registered trademark BIOFACTORS: "dietary supplement, namely, high potency anti-oxidant formula with collagen and elastin …, Here's everything you need to know before booking a stay at the Querencia de Sevilla, Autograph Collection in Sevilla, Spain. Like many travelers who visit Spain, my first two trip..., Michael Hall of Womble Bond Dickinson has kindly provided the following thought-provoking comments on the current status of the TTAB's genericness jurisprudence, and particularly on the Board's recent Uman Diagnostics decision applying a "preponderance of the evidence" standard for proof of …