The Board’s Fifth Precedential Case of 2024 Suggestive marks with some conceptual weakness are still afforded a relatively broad scope of protection. See Sage Therapeutics, Inc. v. SageForth Psychological Services, LLC, Opposition No. 91270181 (April 12, 2024) [precedential], where the Board sustained an opposition based on priority and likelihood of…
The Trademark Trial and Appeal Board (“TTAB” or “Board”) reversed the Examining Attorney’s refusal for likelihood of confusion based on identical trademarks, RAO’S for wine and restaurant services. See In re 1729 Investments LLC, Serial No. 90694523 (April 24, 2023) [not precedential]. This is not the first time, the Board…
The Trademark Trial and Appeal Board (“TTAB”) ordered cancellation of a trademark registration for the mark DANTANNA’S for restaurant services, finding that the Registrant’s Attorney recklessly executed the Section 15 Declaration of Incontestability and disregarded the truth. See, Chutter, Inc. v. Great Management Group, LLC and Chutter, Inc. v. Great…
In a recent Board Decision, the Petition for Cancellation was dismissed because Petitioner relied on its common law rights while alleging likelihood of confusion and priority, and was unable to prove acquired distinctiveness (secondary meaning) for its mark LITTLE NOTES for announcement cards; greeting cards; note cards; postcards and greeting…
A recent precedential case from the Trademark Trial and Appeal Board (“TTAB” or the “Board”) highlights the problems associated with adopting weak marks. See Shenzhen IVPS Technology Co. Ltd. V. Fancy Pants Products, LLC, 2022 USPQ2d 1035 (TTAB 2022) [precedential], where the Board dismissed an opposition under Section 2(d) of…
In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) denied a petition to cancel for failure of the petitioner to prove technical trademark use or use analogous to trademark use before respondent’s priority date, see JNF LLC v. Harwood International Incorporated, 2022 USPQ2d 862 (TTAB 2022)…
In a recent decision from the Trademark Trial and Appeal Board (the “Board”), a Cancellation Petition is denied on all grounds. Both parties are claiming rights to the same mark for use with a magazine. The subject mark is THE NATIONAL POLICE GAZETTE & Design Logo, and the Petitioner’s grounds…
Recent Trademark Trial and Appeal Board (“Board”) Decisions continue to reinforce the importance of good evidence demonstrating similar trademarks in use to weigh against finding a likelihood of confusion. See In re Loew’s Hotels, Inc., Serial Nos. 88425357, 88433338, 88433342, and 88433348 (May 11, 2022) [not precedential], where two refusals…
The Trademark Trial and Appeal Board (the “Board”) issued a precedential decision last week that will be helpful to applicants submitting either a Consent Agreement or a Coexistence Agreement to overcome a likelihood of confusion refusal. Dare Foods Inc. filed an application to register the proposed mark RAINCOAST DIP in…
In two recent precedential decisions of the Trademark Trial and Appeal Board (the “Board”), it was determined that the proposed trademark CLEAR for footwear, lingerie, and other related clothing items and for purses and other types of handbags was deceptively misdescriptive of the goods. See In re Dolce Vita Footwear,…