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Article

Wolf, Greenfield & Sacks, PC | USA | 17 Oct 2017

TTAB Finds SUNBELT ORGANIC Confusable With SUNBELT and SUNBELT BAKERY For Some Food Items

Applicant Coastal Sunbelt sought to register the mark SUNBELT ORGANIC, in standard form and in several design forms, for "organic foodstuffs, namely

Article

Wolf, Greenfield & Sacks, PC | USA | 16 Oct 2017

TTAB Rejects 5-Year Acquired Distinctiveness Claim Due To Lack of Continuous Use

In a rare opposition based on the ground of Section 2(e)(2) geographical descriptiveness, the Board rejected applicant's Section 2(f) claim of

Article

Wolf, Greenfield & Sacks, PC | USA | 13 Oct 2017

GREATER OMAHA not confusable with OMAHA STEAKS for meat, Says TTAB

In a 74-page opinion, the Board dismissed an opposition to the mark GREATER OMAHA & Design, shown below left, finding the mark not likely to cause

Article

Wolf, Greenfield & Sacks, PC | USA | 12 Oct 2017

Precedential No. 32: TTAB Defers Decision on Motion to Strike Testimony Declaration

In this consolidated proceeding concerning the mark LEHMAN BROTHERS, Tiger Lily Ventures Ltd. moved to strike certain testimony and evidence submitted

Article

Wolf, Greenfield & Sacks, PC | USA | 11 Oct 2017

TTAB Test: Which Of These Three Section 2(d) Refusals Was Reversed?

It has been said 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

Article

Wolf, Greenfield & Sacks, PC | USA | 11 Oct 2017

Shifting Seas in Aqua Products as the Federal Circuit Eases the Burden of Amendment in IPR

To many patent owners in IPR, the prospect of a patent-saving claim amendment is all but illusory. The Board grants few motions to amend, which is one

Article

Wolf, Greenfield & Sacks, PC | USA | 6 Oct 2017

Precedential No. 31: TTAB Dismisses Section 2(d) Claim Due to Lack of Use of Opposer's Foreign Mark in USA

Because opposer failed to allege use of her mark SULBING in the United States, the Board dismissed her claim of likelihood of confusion under Section

Article

Wolf, Greenfield & Sacks, PC | USA | 5 Oct 2017

Precedential No. 30: Party that Cross-Examines Testimony Declarant Bears The Expenses

In this opposition to registration of the mark CERTIFIED EMAIL for various email services, Opposer USPS submitted the testimony declarations of four

Article

Wolf, Greenfield & Sacks, PC | USA | 4 Oct 2017

Precedential No. 29: TTAB Refuses to Disqualify Itself in TRUMP-Related Cancellation Proceeding

The Board denied petitioner's motion to disqualify the Board from this cancellation proceeding involving several registration for the mark TRUMP

Article

Wolf, Greenfield & Sacks, PC | USA | 4 Oct 2017

TTAB Posts October 2017 Hearing Schedule

The Trademark Trial and Appeal Board (TTAB) has scheduled four (4) oral hearings for the month of October 2017. The hearings will be held in the East

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