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Wolf, Greenfield & Sacks, PC | USA | 25 Sep 2023

Early Opportunity for PTAB Patent Owners - Expectation of Success

As borne out by historical PTAB statistics, and not unexpectedly so, patents in the unpredictable arts are more likely to withstand PTAB scrutiny as…
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Wolf, Greenfield & Sacks, PC | USA | 25 Sep 2023

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

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…
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Wolf, Greenfield & Sacks, PC | USA | 22 Sep 2023

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

The USPTO refused to register the mark DEATH FROM ABOVE for hunting stands, finding confusion likely with the registered mark HUNT FROM ABOVE for…
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Wolf, Greenfield & Sacks, PC | USA | 21 Sep 2023

Precedential No. 27: TTAB Renders Split Decision in Appeal From Section 2(d) Refusal of IMPACT for Various Healthcare Services

In a dubiously precedential decision, the Board affirmed-in-part and reversed-in-part a refusal to register the mark IMPACT for various…
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Wolf, Greenfield & Sacks, PC | USA | 20 Sep 2023

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

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…
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Wolf, Greenfield & Sacks, PC | USA | 20 Sep 2023

Less Common Defenses to Patent Infringement

Technology companies and manufacturers know that they do not infringe a patent if they (or their products) do not practice a claimed invention. But…
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Wolf, Greenfield & Sacks, PC | USA | 19 Sep 2023

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

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…
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Wolf, Greenfield & Sacks, PC | USA | 18 Sep 2023

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

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…
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Wolf, Greenfield & Sacks, PC | USA | 15 Sep 2023

TTAB Finds Polishing Disc Configuration Non-Functional but Lacking Acquired Distinctiveness

Applicant Buff and Shine cruised past a Section 2(e)(5) functionality refusal but failed to garner the Section 2(f) checkered flag in its attempt to…
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