Section 2(a) - False Suggestion of a Connection:
- TTABlog Test: Is QUARRY VINEYARD Confusable with PEDRERA for Wine?
- TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
- Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps
- Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal
- Precedential No. 13: TTAB Affirms Section 2(d) Refusal of NBA Star Joel Embiid's "TRUST THE PROCESS" For Shoes
- TTABlog Test: Which of These Three Section 2(d) Refusal Was/Were Reversed?
- TTABlog Test: Are These Two "Bull" Designs Confusingly Similar For Auto Parts?
- In a Six-Year TTAB Tussle, Monster Energy and Toronto Raptors Claw Their Way to a Dismissal of All Section 2(d) Claims and Counterclaims
- Gilead Science Loses Opposition to GILEAD CAPITAL: No Section 2(d) Likelihood of Confusion and No 2(a) False Connection
- TTAB Test: Which of These Three Section 2(d) Refusal Was/Were Reversed?
- Apple, Inc. Survives Section 2(d) Opposition Challenge to APPLE MUSIC by Tacking On Prior Use of APPLE by Apple Corps
- Fourth Circuit Affirms E.D.Va.: VAGISAN Confusable With VAGISIL for Feminine Hygiene Products
- TTABlog Test: Is CHROMAFUSION for Plastic Sleeves for Trading Cards Confusable WIth CHROME for Trading Cards? [No]
- M.D. Florida District Court Upholds TTAB Decision Affirming Section 2(d) Refusal of VIVE HEALTH for Retail Medical Suply Services
- TTABlog Test: Are These Marks Confusingly Similar for Waterpark Services? [No]
- TTABlog Test: Must "HAUS" Be Disclaimed in "GRAVITY HAUS" for Social Club Services? [Yes]
- TTABlog Test: Must "DANK" be Disclaimed in DANK TANK for Ale and Beer? [Yes]
- TTABlog Test: How Did These Three Mere Descriptiveness Appeals Turn Out?
- TTABlog Test: How Did These Three Appeals from 2(e)(1) Mere Descriptiveness Refusals Turn Out?
- Precedential Nos. 9 and 10: TTAB finds "CLEAR" Deceptively Misdescriptive of Non-Transparent Clothing and Handbags
Section 2(e)(4) - Primarily Merely a Surname:
- TTABlog Test: Is BREAUXS for Barbecue Grills Primarily Merely a Surname [Yes]?
- TTABlog Test: Is "SOUND ART CREATION NASH STUDIO" Primarily Merely a Surname [Yes]?
- TTABlog Test: Is BARSKI Primarily Merely a Surname for Glassware and Related Goods? [No]
- TTAB Affirms Refusal to Register Canned Fish Packaging on the Supplemental Register: Functional and Generic
- Precedential No. 12: TTAB Grants Petition to Cancel Registration for Gun Barrel Trade Dress Due to Section 2(e)(5) Functionality
- E.D. Va. District Court Upholds TTAB Affirmance of Functionality of Bathtub Overflow Drain Cap
- Precedential No. 16: WYHA? TTAB Affirms Mere Descriptiveness Refusal of ONLINETRADEMARKATTORNEYS.COM as Claim of Acquired Distinctiveness Fails
- Timberland Boot Design Lacks Acquired Distinctiveness, Says TTAB
Dilution:Genericness
- TTAB Sustains Opposition to Apple's "LIVE PHOTOS," Finding it Generic or Merely Descriptive
- TTAB Affirms Refusal to Register Canned Fish Packaging on the Supplemental Register: Functional and Generic
- TTAB Affirms Genericness Refusal of PICKLESHOT for .... Guess What?
- Precedential No. 15: On Remand, TTAB Reverses COOKINPELLETS.COM Genericness Ruling, But Affirms Mere Descriptiveness and Lack of Acquired Distinctiveness
- North Carolina District Court Finds PRETZEL CRISPS Generic, Orders Cancellation of Registration
- TTABlog Test: Is "SWISS MILITARY" Generic for Watches of Swiss Origin? [No]
- TTAB Finds DENVER MIX Generic for ..... Guess What?
- TTAB Finds ARTESANO Generic for Bread, but if not Generic, Registrable Under Section 2(f)
- TTAB Finds CERTIFIED BISON Generic for . . . . Guess What?
Failure to Function/Specimens of Use/Nonuse:- TTAB Affirms Failure-to-Function Refusal of NIGGA for Clothing
- Llama Design Mark Fails to Function as a Trademark for Video Game Software, Says TTAB
- "DEHYDRATION RELIEF FAST" Incapable of Functioning as a Trademark for Hydration Solution Products, Says TTAB
- Precedential No. 11: Specimen Webpages Fail the "Display-Associated-With-the Goods" Test, Says TTAB
- TTAB Affirms Refusal of ELECTRONIC PAYMENTS: Providing Independent Sales Reps is Not a Registrable Service
- "INVENTORY IS EVIL" Fails to Funtion as a Trademark for Business Consulting Services, Says TTAB
- TTAB Dismisses MANDALAEVERYWEAR Opposition; Opposer Proved Prior Advertisement But Not Prior Rendering of Services
- Precedential No. 17: TTAB Dismisses ADVENTIST Cancellation Petition Due to Failure to Maintain "Standing"
- Turn Back the Clock! TTAB Designates 2019 COKE ZERO Decision Precedential
- CAFC Affirms TTAB: FOCUSVISION Confusable With FOCUS for Data Management Software
- CAFC Affirms TTAB: "BLUE INDUSTRY" Not Confusable with, or Dilutive of, "INDUSTRY" for Clothing
- CAFC Upholds TTAB: Affirms Order for Cancellation of MOBILEBLACKBOX Registration for Audio Speakers on the Ground of Nonuse
- Recommended Reading: Zerounian and Thiele, "An Introduction to the Trademark Moderization Act"
- Recommended Reading: "The Role of Consumer Uncertainty in Trademark Law: An Experimental and Theoretical Investigation"
- Schwimmer and Welch: "Where to appeal a TTAB decision? The choice is complicated"
- Recommended Reading: Prof. Lorelei Ritchie, "What is 'Likely to be Confusing' About Trademark Law: Reconsidering the Disparity Between Registration and Use"">/a>
- TTAB Posts June 2021 (Video) Oral Hearing Schedule
- USPTO Issues Notice of Proposed Rulemaking to Implement Provisions of the Trademark Modernization Act of 2020, Plans Two Roundtables
- INTA Pro Bono Legal Clinic (Virtual): June 15th, 11AM to 12PM
- California Lawyers Association Webinar June 15: "Trademark Cases To Remember From A Year To Forget"
- TTAB Posts May 2021 (Video) Oral Hearing Schedule
- IP Talk, Episode 2: "Keeping Tabs on the TTAB." The TTABlogger Speaks!
- TTAB Posts April 2021 (Virtual) Hearing Schedule
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