Trademark Trial and 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.

  • 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to look twice —such as in the recent ruling in In re Rabbit Hole Spirits, LLC, Serial No. 86/193,667 (June 11, 2015) [not precedential]—where it's not even clear...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.

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    In May, in a non-precedential ruling in Carfax, Inc. v. American Automobile Association, Inc., Cancellation No. 92056568 (May 7, 2015), the Trademark Trial and Appeal Board (TTAB) at the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    In Omega S.A. v. Alliant Techsystems, Inc., Opposition Nos. 91173785 and 91174067 (April 29, 2015) [not precedential], the Board dismissed watchmaker Omega S.A.’s oppositions to Alliant Techsystems’ application to register a stylized version of Omega and Omega Elite, both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

  • Katherine Basile named as new partner for Reed Smith LLP

    Basile to join Reed Smith’s Silicon Valley Office as its new partner

  • Comic book adventures of Rihanna, protector of Gotham, not coming soon

    When some people read that DC Comics was opposing a trademark registration by popular singer Rihanna, they thought that the reporter must have been some kind of Joker.

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