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23 Feb 2021, 4:19 am
In any case, "with identical or similar marks used on such goods, even a careful, sophisticated consumer of these goods is likely to believe that the goods emanate from a common source. [read post]
13 Sep 2016, 5:53 am
[Note: in that case, the CAFC stated that it "anticipates that the PTO will usually address geographically deceptive marks under subsection (e)(3) of amended Lanham Act rather than subsection (a). [read post]
12 Dec 2019, 2:46 am
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. [read post]
18 Jan 2017, 3:21 am
In any case, adults are ultimately the consumers for pillows marketed to appeal to children.As to the marks, the words BEACH and PETS are conceptually weaker than the word HUGGY because each of those two words describes or suggests the purpose or a feature of the goods. [read post]
25 Aug 2016, 3:12 am
"The Board noted that the two marks shown below were found to be insufficiently stylized to be considered inherently distinctive, but it also pointed out that each case must be decided on its own merits.The Board affirmed the refusal to register.Read comments and post your comment here.TTABlog comment: How did you do? [read post]
10 Dec 2013, 3:38 am
The Board muzzled that argument by pointing out that there are no limitations in the application or cited registration as to the price of the goods, that the goods may be purchased by less sophisticated buyers who will exercise only ordinary care, that registrant's goods apparently are offered at similar price points, and that in any case even sophisticated consumers may be confused when encountering substantially similar marks for identical goods.And so the Board affirmed the… [read post]
27 May 2014, 3:18 am
The PTO refused registration of the mark LINKED SYSTEM for power tools and battery packs, finding the mark merely descriptive of the goods under Section 2(e)(1). [read post]
24 Jan 2018, 9:00 am
[Slightly lower than last year's 90% rate, but then this is not an exact science].Three of the mere descriptiveness cases were precedential.In re Calphalon Corp., 122 USPQ2d 1153 (TTAB 2017) [TTABlogged here]. [read post]
7 Nov 2019, 3:19 am
" The Board must decide each case on its own record. [read post]
10 Dec 2013, 3:21 am
The Board muzzled that argument by pointing out that there are no limitations in the application or cited registration as to the price of the goods, that the goods may be purchased by less sophisticated buyers who will exercise only ordinary care, that registrant's goods apparently are offered at similar price points, and that in any case even sophisticated consumers may be confused when encountering substantially similar marks for identical goods.And so the Board affirmed the… [read post]
4 Mar 2022, 3:18 am
Yesterday's SWEET GEORGIA BROWN case brought the TTAB's shutout streak for 2022 to 37 affirmances of Section 2(d) refusals without a reversal. [read post]
20 Dec 2019, 2:53 am
A (current) TTAB Administrative Trademark Judge once said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. [read post]
29 Mar 2024, 4:45 am
Briefs and other papers for each case may be found at TTABVUE via the links provided. [read post]
27 Aug 2010, 7:56 am
Marks was last term’s most divided case, and the rehearing is perhaps even more. [read post]
10 Jul 2013, 12:44 pm
/By: Mark J. [read post]
28 Feb 2024, 3:29 am
Section 2(d) Conclusion: "Simply put, the parties’ marks are too dissimilar overall to warrant a finding of likelihood of confusion and the first DuPont factor, accordingly, is dispositive in this case. [read post]
10 Mar 2021, 8:32 am
In any case, Petitioner also claims that the Stethoscope Mark has been abandoned. [read post]
7 Jun 2017, 3:08 am
However, because opposer chose to use the weak formative -ZILLA, competitors are allowed to come closer than would be the case with a strong mark. [read post]
9 Jun 2020, 3:11 am
How do you think this case came out? [read post]
26 Jun 2015, 3:55 am
And in cases of doubt in the 2(d) ex parte context, the benefit of the doubt goes to the registrant.Read comments and post your comment hereTTABlog note: I side with Judge Bucher on this one. [read post]
