As a trademark practitioner, I hope this decision issued by the Trademark Trial and Appeal Board (the “Board” or “TTAB”) is an indication that the Board will be tougher on inconsistent examination by Examining Attorneys at the USPTO. See In re The Random Acts of Kindness Foundation, Serial Nos. 87245967,…
In a recent case, The Trademark Trial and Appeal Board (the “Board” or “TTAB”) reversed a 2(d) refusal finding the applicant’s mark which contained words plus a design not to be similar enough to the registrant’s mark to cause a likelihood of confusion. See In re Primeway International LLC, Serial No.…
In this matter, petitioner is seeking to cancel respondent’s trademark registration, FIREBRAND for a newsletter featuring brand and product development pursuant to Section 14(3) of the Trademark Act. See Lewis Silkin LLP v. Firebrand LLC, 129 USPQ2d 1015 (TTAB 2018) [precedential]. Petitioner alleges that respondent abandoned the mark. Respondent filed…
The applicant in this matter, American Cruise Lines, Inc. is seeking registration of the mark, AMERICAN CONSTELLATION (standard characters) for cruise ship services, transportation of passengers by ship and conducting cruises for others. The Examining Attorney refused the application based on a likelihood of confusion with the registrant’s marks, CONSTELLATION…
It is significant that the Board designated the opinion, In re FabFitFun Inc., Serial No. 86847381 (August 23, 2018), a precedent of the Trademark Trial and Appeal Board (“TTAB” or the “Board”). The applicant was seeking to register the mark, I’M SMOKING HOT in standard characters for various cosmetics, make-up,…
I have written several blog posts on this top, and it is important to continue to discuss what documentation is required if an applicant must prove they possessed a bona fide intent to use a mark in commerce. See my blog posts entitled, Federal Circuit’s View Of Lack Of Bona…
As a trademark practitioner, it is important to carefully review 2(d) reversals by the Board since they occur infrequently. Approximately 90 percent of likelihood of confusion refusals are affirmed. In a recent reversal by the Board, a number of factors contributed to the decision to allow registration, but in my…
The USPTO and the Trademark Trial and Appeal Board (“TTAB” or the “Board”) have been trending towards refusing marks and affirming refusals where the trademarks are legally identical, and where the goods are complementary, or in other cases where the goods are intrinsically related. The burden is on the Applicant…
If a defendant fails to answer a complaint filed with the Trademark Trial and Appeal Board (the “Board”), within the set time, the Board may issue a notice of default. The notice of default will inform the defaulting party that no answer was submitted, nor was a motion filed to extend…
Trademark practitioners can barely keep up with the decisions being issued by the Trademark Trial and Appeal Board (“TTAB” or the “Board”) in the area of surnames. In relatively recent times, the TTAB was focusing on the importance of the rareness of the surname. Then in the spring of this…