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By John L. Welch
The Board granted Tyco Fire's motion for summary judgment, finding the product configuration marks shown below, for a "a heat fusible link for use in fire protection," to be functional under Section 2(e)(5).
By John L. Welch
The Board affirmed a refusal to register the design shown below, for "Non-medicated cleaning preparations for livestock, horses, and domestic animals, ...." and various other products for said animals, ...
By John L. Welch
Applicant effectively conceded that TWEEDS identifies a category of sweaters or shirts included within the relevant genus.
By John L. Welch
A TTAB judge once stated that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services.
By John L. Welch
The TTAB reversed a refusal to register the mark AWLVIEW for, inter alia, warehouse inventory management software, overturning the USPTO's rejection of applicant's specimen of use.
By John L. Welch
The TTAB, in a combined program with the PTAB, will take its "Stadium Tour" to Tulane University Law School in New Orleans on February 28th. The TTAB panel will hear oral argument in the two cases summarized below
By John L. Welch
Lisa Larimore Ouellette, Associate Professor of Law at Stanford Law School, responds to the article posted here yesterday, in a note entitled, Does Running Out Of (Some) Trademarks Matter?, 131 Harv. Law. Rev. Forum 116 (2018) [pdf here].
By John L. Welch
"Conventional wisdom" says that the number of available trademarks is infinite, or nearly so. Professors Barton Beebe and Jeanne C. Fromer of New York University School of Law challenge that assertion in their enlightening article...
By John L. Welch
The Board granted respondent's motion for summary judgment, granting this petition for cancellation of a registration for the mark THE EBONYS for entertainment services by a musical group.
By John L. Welch
The USPTO refused registration of the mark CODEGREEN for "nutritional supplements in pill and/or powder form," finding the mark likely to cause confusion ...
By Joshua J. Miller
A pair of recent PTAB institution decisions highlights that petitioners should be cautious when relying on prior art that was cited during the prosecution of the challenged patent.
By John L. Welch
The USPTO refused to register the mark PEACEFUL PIRANHA for potato chips, processed nuts, and other snack items, finding the mark confusingly similar to the registered mark PIRAĐA for potato chips, nut-based snacks, etc.
By John L. Welch
The USPTO refused registration of the mark TERNURA for cigars, finding it likely to cause confusion with the identical mark registered for "liquor; tequila; vodka; wines."
By John L. Welch
John L. Welch's article titled "TTAB grants motion for summary judgment as to fraud counterclaim" was published by World Trademark Review.
By John L. Welch
Despite Applicant Louis Vuitton's attempt to sidestep the refusal by narrowing its identified channels of trade, the Board affirmed a Section 2(d) refusal to register the mark APOG╔E...