Trademark Trial and Appeal Board

  • 'Sophisticated? Maybe.' Says TTAB

    In determining whether a trademark can be registered, the foundational question before the U.S. Patent and Trademark Office’s examiner is whether an applied-for mark is likely to cause confusion in the marketplace.

  • Far from heaven, too near on earth

    Predictably, the advent of the Internet has created consternation for holders of concurrent use registrations. Obviously, the Internet has no geographic boundaries, and that creates more potential for confusion.

  • Confused? Just the Carfax, ma'am!

    In May, in a non-precedential ruling in Carfax, Inc. v. American Automobile Association, Inc., Cancellation No. 92056568 (May 7, 2015), the Trademark Trial and Appeal Board (TTAB) at the United States Patent and Trademark Office (USPTO) granted a petition for cancellation of the American Automobile Association’s registration for the mark...

  • What does cancelation of Redskins’ trademark registration mean for other companies?

    “Any company that employs trademarks based on terms or images that have a perceived historic connection to discrimination would be wise to evaluate their branding strategy …” attorney Howard S. Hogan said.

  • Federal Circuit repairs ‘cracked’ pretzel logic

    In a recent precedential decision, a unanimous Federal Circuit panel vacated the Trademark Trial and Appeal Board’s decision holding the mark Pretzel Crisps to be generic for "pretzel crackers," and remanded the case to the Board for application of the legal standard set forth in Marvin Ginn.

  • Time runs out on Omega

    In Omega S.A. v. Alliant Techsystems, Inc., Opposition Nos. 91173785 and 91174067 (April 29, 2015) [not precedential], the Board dismissed watchmaker Omega S.A.’s oppositions to Alliant Techsystems’ application to register a stylized version of Omega and Omega Elite, both with the initial Greek letter Ω as opposed to the Roman...

  • Don’t park this truck! Dino-dress ruled distinctive

    The TTAB reversed a USPTO’s examiner’s earlier ruling and approved Frankish Enterprises’ application to register the design of its monster truck—a cab decked out with horns, scales, eyes and other dinosaur-like features—for entertainment services.

  • Stretched to its limit, Panini strikes out at TTAB

    In The Topps Co., Inc. v. Panini Amer., Inc., the TTAB sustained an opposition filed by Topps against sports trading card manufacturer Panini’s application to register the word limited for use in connection with its own cards.

  • Supreme Court sides with B&B Hardware in trademark case

    “We’re pleased by the decision,” Willy Jay, an attorney who represented B&B before the Supreme Court, said.

  • Laches? We don’t need no shrinking laches! (Part 1)

    Laches can be complicated in trademark law, and many practitioners are confused as to the scope of relief it affords. In Ava Ruha, the ruling relied on examining a petitioner’s claims about the date from which the clock starts ticking.

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