Appeal Board

  • 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.

  • '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.

  • 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.

  • Kaye Scholer team achieves PTAB victory for Olympus

    Kaye Scholer IP partner Deborah Fishman and counsel Katie Scott were part of the team that recently secured a victory for Olympus America Inc. before the Patent Trial and Appeal Board (PTAB).

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    In Omega S.A. v. Alliant Techsystems, Inc., Opposition Nos. 91173785 and 91174067 (April 29, 2015) [not precedential], the Board dismissed watchmaker Omega S.A.’s oppositions to Alliant Techsystems’ application to register a stylized version of Omega and Omega Elite, both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

  • New life for Naugles? Del Taco dinged at TTAB

    Absent a reversal of this ruling on appeal, Ziebarth's application will now proceed to publication. But the case raises a couple of interesting questions.

  • One more drink’s one too many for TTAB

    While stating this copyright rule is easy, applying it involves trying to draw lines between various types of products—lines often blurry not only to seasoned practitioners but to courts.

  • 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.

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