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Wolf, Greenfield & Sacks, P.C.
 
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MA 02210
United States
By John L. Welch
The Board ruled that TV Azteca had failed to establish a prima facie case of nonuse.
By Michelle Nyein, Michael J. Pomianek
On Dec. 4, 2018, the U.S. Supreme Court heard oral arguments in Helsinn Healthcare v. Teva Pharmaceuticals. The question before the court was whether the America Invents Act of 2011 ...
By John L. Welch
The USPTO refused to register the mark OVER THE FLOOR, finding it to be merely descriptive of "bath mats; personal exercise mats; meditation mats; gymnasium exercise mats; yoga mats;
By John L. Welch
The USPTO refused registration of the mark SNAP FUNNEL for funnels [FUNNEL disclaimed], finding the mark likely to cause confusion with the registered mark SNAP & POUR
By John L. Welch
The USPTO refused registration of the mark DE BEERS TRUE BRILLIANT for jewelry and related retail store services, finding the mark likely to cause confusion with the registered mark TRU BRILLIANCE for jewelry.
By John L. Welch
Chatham International opposed an application to register the mark VIA SAINT JACQUES for goods identified as "wines with the appellation of origin Alsace," ...
By John L. Welch
As to factor 4, there was no genuine dispute that applicant had a full and fair opportunity to litigate the ownership issue in the civil action.
By John L. Welch
The Trademark Trial and Appeal Board (T-T-A-B not Tee-tab) has scheduled seven (VII) oral hearings for the month of December 2018.
By John L. Welch
In a December 2017 decision the Board granted, in part, petitioner's motion for summary judgment [here] and ordered cancellation of a Supplemental Registration for the phrase MORE PROTEIN THAN SUGAR! in standard character form, finding that the purported mark is incapable of functioning as a trademark for "yogurt."
By John L. Welch
In this rather quixotic appeal, the CAFC upheld the TTAB's decision of August 2, 2016 [TTABlogged here], dismissing two oppositions to registration of the mark SCHLAFLY for beer.
By John L. Welch
In yet another precedential decision dealing with the January 2017 rule changes, the Board rejected Opposer Asustek's motion for reconsideration of an order denying its motion to compel discovery responses as untimely:
By John L. Welch
Here are three recent Board decisions in Section 2(d) oppositions. I'm not giving any hints this time, so you're on your own.
By John L. Welch
On remand from the CAFC, the TTAB sustained these two oppositions, finding the mark EARNHARDT COLLECTION for "furniture" and "custom construction of homes" to be primarily merely a surname under Section 2(e)(4).
By John L. Welch
The USPTO refused registration of the mark RICHARD RAWLINGS' GARAGE for "Headgear, namely, hats, caps, bandanas and beanies; Hooded pullovers; Hooded sweatshirts;
By John L. Welch
The CAFC vacated the TTAB's September 30, 2017 decision in Omaha Steaks International, Inc. v. Greater Omaha Packing Co., Inc.,