Trademark Trial and Appeal Board

  • This Old (Noble) House Rebuilt

    Contrary login seems inescapable, but a furniture maker prevails in cancelling mark.

  • Our Survey Said: “It’s No Shell Game”

    Newegg cracks applicant’s objection to surrebuttal in opposition proceeding at TTAB.

  • What’s in a name? Looks like rejection to me

    TTAB jilts surname mark application by Ayoub, opposed by Ayoub.

  • Wham! Bam! You're flattened, Batmen!

    Imitation, they say, is the sincerest form of flattery. But parody can fall flat.

  • Too Trulicity to be good?

    When is a mark not a mark? That's what the Trademark Trial and Appeal Board (TTAB) was grappling with in a June 18, 2015 non-precedential decision In re Eli Lilly and Co., Serial No. 85/183,667.

  • When evidence isn't, fame is fleeting

    In Overstock.com, Inc. v. J. Becker Management, Opposition No. 91203624, the board concluded that Mattress Overstock was not confusingly similar to Overstock.com for online wholesale and retail store services featuring general consumer merchandise, including furniture, linens, and pillows.

  • Slerring yer werds? Too much Brewnette fer yer

    The owners of the restaurant chain Twin Peaks sought to register the mark Knotty Brunette for beer, ale and lager, but the USPTO’s examiner refused to register it, judging it confusingly similar to B.J's Restaurants, Inc.'s registered mark Nutty Brewnette for beer.

  • Pour me another, barman. Make it a double-take.

    Then there are times when the TTAB goes down a rabbit hole and pops out with something so counter-intuitive it forces you to look twice —such as in the recent ruling in In re Rabbit Hole Spirits, LLC, Serial No. 86/193,667 (June 11, 2015) [not precedential]—where it's not even clear...

  • '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.

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