Articles: 1-10 of 447

A NEW KIND OF SODA Fails to Function as a Trademark for Beverages, Says TTAB

USA - September 25 2023 The Board upheld a refusal to register the proposed mark A NEW KIND OF SODA on the Supplemental Register, for "Non-alcoholic sparkling fruit juice…

TTABlog Test: Is "DEATH FROM ABOVE" Confusable With "HUNT FROM ABOVE" for Hunting Stands?

USA - September 22 2023 The USPTO refused to register the mark DEATH FROM ABOVE for hunting stands, finding confusion likely with the registered mark HUNT FROM ABOVE for…

Applying Contractual Estoppel, TTAB Grants Motion for Partial Summary Judgment in BYLT Oppositions

USA - September 20 2023 In one of two oppositions consolidated by the Board, opposer sought to block registration of the marks BYLT BASICS and BYLT PREMIUM BASICS, each for…

TTAB Finds AUSTRALIAN BOTANICAL SOAP (Stylized) Geographically Descriptive of . . . SOAP

USA - September 19 2023 The Board upheld a Section 2(e)(2) refusal to register the mark AUSTRALIAN BOTANICAL SOAP in the stylized form shown below, for body soaps and…

TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out?

USA - September 18 2023 The rate of affirmance for Section 2(d) refusals is running at 85% or so this year. That's about 5% lower than usual. Here are three recent TTAB…

Precedential No. 26: Listing of Application on ESTTA Cover Sheet Suffices for Claim of Common Law Rights in Opposition to Section 66(a) Application

USA - September 14 2023 Opposer Sterling Computers opposed IBM's Section 66(a) applications to register the marks STERLING and IBM STERLING for various Class 42 services. In…

Precedential No. 25: TTAB Deems Grace Period Petition for Cancellation Moot When Registrant Failed to Renew

USA - September 13 2023 The Board dismissed a petition for Cancellation (of a registration for the mark ROD & CUSTOM for "magazines about automobiles") that was filed during…

TTABlog Test: Which of These Section 2(d) Refusals Was/Were Reversed?

USA - September 12 2023 Here are three recent appeals from Section 2(d) refusals. At least one of the refusals was reversed. How do you think these came out? Answers will be…

MAD MONSTER PARTY for Horror and Pop Culture Conventions and Magazines Not Confusable with MONSTER ENERGY, Says TTAB

USA - September 11 2023 Frequent TTAB litigant Monster Energy Company lost another one. The Board dismissed its oppositions to registration of MAD MONSTER PARTY, in standard…

Precedential No. 24: Claim for Violation of Section 10 "Anti-Assignment" Provision Is Time-Barred by Section 14

USA - September 6 2023 In this proceeding for Cancellation of a registration for the mark SUBSCRIBE & THRIVE for "online ordering" featuring skin care products, supplements…