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Searching Content indexed under Media, Telecoms, IT, Entertainment by John L. Welch ordered by Published Date Descending.
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Precedential No. 23: TTAB Affirms Section 2(e)(5) Functionality Refusal Of Umbrella Configuration
In view of Applicant OEP's own utility patent, the Board had no doubt in affirming a Section 2(e)(5) functionality refusal of the product configuration shown below, for umbrellas.
United States
23 Aug 2019
2
TTABlog Test: Is This Electronic Brochure An Acceptable Specimen For Billboard Monitoring Services?
The USPTO refused registration of the marks SMARTLINK (in standard characters) and SMARTLINK SYSTEMS, for billboard monitoring services, deeming Applicant Outdoorlink's specimens of use unacceptable.
United States
22 Jul 2019
3
TTAB Sustains Opposition To HOLLYWOOD HOTEL On Non-Ownership Ground
The Board sustained an opposition to registration of HOLLYWOOD HOTEL for hotel and bar services, finding that the applicant was not the owner of the mark at the time it filed its application to register.
United States
17 Jul 2019
4
TTablog Test: Can The Pattern Made By A Snow Groomer Be A Trademark For The Machine?
In one of the more interesting cases in recent memory, the Board rendered a split decision regarding registrability of the "design" shown immediately below, for snow groomers
United States
9 Jul 2019
5
TTAB Affirms Failure-To-Function Refusal Of "I ♥ PGH ART & Design" For Retail Store Services
The Board affirmed a refusal to register the mark shown immediately below on the ground that it fails to function as a service mark for "Retail store services featuring handmade artisan products...
United States
26 Jun 2019
6
Precedential No. 13: TTAB Affirms Failure-To-Function Refusal Of UNLIMITED CARRYOVER For Telecommunication Services
The Board affirmed the USPTO's refusal to register the term UNLIMITED CARRYOVER for telecommunication services, finding that the phrase,
United States
24 Jun 2019
7
JUST SAY IT For Books Confusable With And Dilutive Of Nike's JUST DO IT, Says TTAB
Finding Nike's slogan JUST DO IT to be "exceedingly" famous for both Section 2(d) and Section 43(c) purposes ...
United States
3 Apr 2019
8
E.D. Va. Dismisses Bayer's Section 43(a) Claims But Affirms TTAB's Cancellation Of Belmora's FLANAX Registration
When we last visited (here) the long-running Bayer versus Belmora battle over the mark FLANAX, the U.S. Court of Appeals for the Fourth Circuit had reversed and remanded the case to the U.S. District
United States
27 Feb 2019
9
Precedential No. 36: Applying CAFC's Converse Factors, TTAB Finds SNOBALLS Concession Trailer Configuration Lacks Acquired Distinctiveness
The Board affirmed a refusal to register the product configuration mark shown below, for "Concession trailer for snowball vendors to operate a viable snowball business" [the word SNOBALLS being disclaimed].
United States
4 Jan 2019
11
CAFC Vacates And Remands TTAB's OMAHA STEAKS V. GREATER OMAHA Decision
The CAFC vacated the TTAB's September 30, 2017 decision in Omaha Steaks International, Inc. v. Greater Omaha Packing Co., Inc.,
United States
21 Nov 2018
12
TTAB Posts November 2018 Hearing Schedule
The Trademark Trial and Appeal Board (T-T-A-B) has scheduled six (6) oral hearings for the month of November 2018
United States
7 Nov 2018
13
TTAB Finds Photo Of Grumpy Cat Merely Descriptive Of Grumpy Cat-Related Goods And Services
The Board affirmed two refusals to register the photograph of "Grumpy Cat" shown below, as a trademark for, inter alia, computer apps, paper goods, and stuffed toys, and as a service mark for entertainment services...
United States
5 Nov 2018
14
"OUR LAWYERS ARE DOCTORS" Fails To Function As A Service Mark, Says TTAB
The Board affirmed a refusal to register OUR LAWYERS ARE DOCTORS for legal services ...
United States
25 Oct 2018
15
TTAB Test: Is TACOLAND For Music Concerts Confusable With TACO TIERRA & Design For Restaurant Services?
The USPTO refused registration of the mark TACOLAND, in standard character form, for "entertainment, namely, live musical concerts" and for "bar and cocktail lounge services," finding the mark confusable with the...
United States
28 Sep 2018
16
ASKBOT For Collaboration Software Not Confusable With ASK For Search Engine Services, Says TTAB
The weakness of the term "ASK," the differences in trade channels, and the care with which consumers purchase respondent's products led the Board to dismiss this Section 2(d) petition for cancellation of a registration...
United States
6 Sep 2018
17
TTAB Reverses 2(d) Refusal Of CARAT For Airplane Connectivity Services: Unrelated To Broadcasting Services
The Board reversed a refusal to register the mark CARAT (Stylized) for aircraft connectivity services that enable transmission of data to and from aircraft.
United States
20 Jul 2018
18
Precedential No. 4: TTAB Reverses Rejection Of Downloadable Software Specimen Showing Mark In On-Screen Display
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.
United States
16 Feb 2018
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