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TTAB Affirms Section 2(c) Refusal of MARTIN & WEYRICH ROSSO ALLEGRO for Wine 27 Aug 2013 | 03:36 pm
I don't think we've seen a Section 2(c) decision since the OBAMA BAHAMA PAJAMAS case in 2010, but we've got one here. A divided panel of the Board affirmed a Section 2(c) refusal to register MARTIN & ...
Test Your TTAB Judge-Ability on These Three Mere Descriptiveness Refusals 23 Aug 2013 | 04:12 pm
The TTAB recently ruled on the appeals from the three Section 2(e)(1) refusals summarized below. Let's see how you do with them, keeping in mind that the Board affirms, by my estimate, more than 80% o...
Precedential No.35: TTAB Denies Protective Order, Requires Opposer to Answer Hunderds of Admission Requests 22 Aug 2013 | 03:48 pm
In this Section 2(d) opposition, when The Phillies were served with 507 requests for admission, they cried "foul" and proceeded to file a motion for a protective order under FRCP 26(c). They claimed t...
Precedential No. 34: Findng "AWSHIT WORKS" to be Scandalous, TTAB Affirms Section 2(a) Refusal 21 Aug 2013 | 04:58 pm
Aw, shucks! Here we go again. The Board affirmed a Section 2(a) refusal to register the mark AWSHIT WORKS, in standard character form, for baseball caps and other clothing items, finding the mark to b...
Precedential No. 33: TTAB Cancels ZILLA Registration, Section 10 Violated by Assignment of ITU Application to Parent 20 Aug 2013 | 03:43 pm
In this complicated, consolidated proceeding, Central Garden opposed Doskocil's applications to register the marks PETZILLA and DOGZILLA & Design, and petitioned to cancel Doskocil's registration for ...
Finding Living Plants Unrelated to Furniture Fabrics, TTAB Dismisses SUNBRELLA Opposition to SUN BRELLA'S 19 Aug 2013 | 03:50 pm
The Board dismissed this opposition to registration of the mark SUN BRELLA'S for "living plants," finding the mark not likely to cause confusion with the registered mark SUNBRELLA for fabrics for indo...
Coach Loses Section 2(d) Design Mark Battle 16 Aug 2013 | 01:11 pm
Coach Services, Inc. opposed an application to register the mark shown to the left below, for eyewear and related goods, claiming a likelihood of confusion with the two marks shown to the right, for a...
Test Your TTAB Judge-Ability on These Three Section 2(d) Appeals 15 Aug 2013 | 02:23 pm
I once heard a TTAB judge tell an audience that the outcome of most Section 2(d) likelihood of confusion cases may be predicted just by looking at the marks and the identified goods/services, without ...
Precedential No. 32: TTAB Sustains Opposition to Pipe Boot Design, Finding it De Jure Functional 14 Aug 2013 | 02:51 pm
H&C Milcor sought to register a product configuration mark for "pipe flashing for use in sealing openings for pipe," but AS Holdings opposed on the grounds of de jure functionality under Section 2(e)(...
Test Your TTAB Judge-Ability: Are EWETOPIA and UTOPIA Confusable for Yarn? 13 Aug 2013 | 04:13 pm
Examining Attorney Robert J. Struck refused registration of the mark EWETOPIA for "knitting yarns," finding it likely to cause confusion with the registered mark UTOPIA for "handknitting yarn." Applic...
