Trademark Trial and Appeal Board

  • 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    In May, in a non-precedential ruling in Carfax, Inc. v. American Automobile Association, Inc., Cancellation No. 92056568 (May 7, 2015), the Trademark Trial and Appeal Board (TTAB) at the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    In Omega S.A. v. Alliant Techsystems, Inc., Opposition Nos. 91173785 and 91174067 (April 29, 2015) [not precedential], the Board dismissed watchmaker Omega S.A.’s oppositions to Alliant Techsystems’ application to register a stylized version of Omega and Omega Elite, both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.

  • Miss thee, Kate! A TTAB victory for the royals

    It’s no surprise that some businesses want to cash in on the royals' fame. But in seeking to trademark a royal’s name, said the Trademark Trial and Appeal Board recently, “We are not amused.”

  • Blast or blown away? Proving priority gets a little hairy

    Don’t forget the priority of priority. Likelihood of confusion might be more sexy and glamorous — but style points aren't the entire substance of victory: You need both to stop a potential infringer.

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