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Section 2(d) - False Connection:
Section 2(d) - Likelihood of Confusion:
- TTABlog Test: Is LOTSA STONE FIRED PIZZA for Restaurant Services Confusable with LOTZZA MOTZZA and LOTZZA HOTZZA for Pizza? [No]
- TTABlog Test: Is CHINOOKER'D IPA for Beer Confusable With CHINOOK for Wine? [No]
- TTABlog Test: Which of These Section 2(d) Refusals Was/Were Reversed?
- TTABlog Test: Is HYDROPIK Confusable with WATERPIK for Dental Irrigators? [Yes]
- TTABlog Test: Four Recent Section 2(d) Appeals - How Did They Come Out?
- TTABlog Test: Is DRIVEN GOLF for Golf Training Aids and Apparel Confusable with DRIVEN BY PING for Golf Clubs? [No]
- TTABlog Test: Is DIMOND for Bicycle Frames Confusable with DIAMOND for Bicycle Chains? [Yes]
- TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?
- Finding BOTOX Famous, TTAB Sustains Section 2(d) Opposition to GS GEMS STYLE HAIR BOTOX for Hair Care Products
- TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
- TTABlog Test: Is CITRUS CLUB for Cocktail Lounge Services Confusable With CITRUS KITCHEN for Restaurant Services?
- MILLENNIAL FALCON for Live Entertainment Services Confusable with Star Wars' MILLENNIUM FALCON, Says TTAB
- TTABlog Test: Is Beer Related to "Alcoholic Beverages Except Beer" for Section 2(d) Purposes? [No]
- TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
- TTABlog Test: Is MASTER RANCHER Confusable With RANCHMASTER for Footwear? [Yes]
- Differences between MONSTER and CLEVELAND MONSTERS and Lack of Actual Confusion Lead Board to Dismiss Section 2(d) Opposition
- FEYONCE Confusable with BEYONCE' and YONCÉ for Clothing, Says TTAB
- TTABlog Test: Are Coffee and Hard Cider Related for Section 2(d) Purposes? [Yes]
- On Remand, TTAB Again Finds GREATER OMAHA Not Confusable with OMAHA STEAKS for Meat
Section 2(e)(1) - Mere Descriptiveness:
- TTABlog Test: How Did These Three Appeals from 2(e)(1) Mere Descriptiveness Refusals Turn Out?
- TTABlog Test: Is SPIDER WOOD Merely Descriptive of Natural Wood Sculptures for Aquariums and Terrariums? [Yes]
- Precedential No. 39: TTABlog Test: Is "CO-OP" Merely Descriptive of Bicycles Sold by a Co-op? [No]
- WYHA? TTAB Affirms 2(e)(1) Refusal of ORIGINAL FOLDED PIZZA as Merely Descriptive of Pizzas
- TTABlog Test: Which of These Mere Descriptiveness Refusals Was/Were Reversed?
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out?
- TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Come Out?
Section 2(e)(2) - Primarily Geographically Descriptive:
Section 2(e)(4) - Primarily Merely a Surname:
- Precedential No. 41: TTAB Affirms Bifusal of TAPIO for Software: Section 2(e)(4) Surname and Indefinite Identification of Goods
- TTAB Reverses Section 2(e)(4) Surname Refusal of THE MERRIWEATHER for Hotel Services
Section 2(e)(5) - Functionality:
Section 2(f) - Acquired Distinctiveness
Abandonment:
Genericness
- TTABlog Test: Does "HELP THE PERSECUTED" Fail to Function as a Mark for Charitable Fundraising Services?
- ZT-1800 Fails to Function as a Trademark for Tranaxles, Specimens of Use Inadequate, Says TTAB
- Precedential No. 44: TEAM JESUS Fails to Function as a Source Indicator for Clothing and Religion-Related Services, Says TTAB
- Precedential No. 42: TTAB Affirms Bifusal (TM) of GOD BLESS THE USA for Pillows: Failure-to-Function and Mutilation
- TTABlog Test: How Did These Three Failure-to-Function Appeals Turn Out?
- Hell Freezes Over! TTAB Reverses Failure-to-Function Refusal of JUST ANOTHER DAY IN PARADISE
- TTABlog Test: Do You Know Trademark Mutilation When You See It?
- TTAB Denies Cancellation of UNICORN TEARS Registration: Petitioner Failed to Show Trademark Use
- Precedential No. 38: Floyd Mayweather t.k.o.'d: TTAB Affirms Failure-to-Function Refusal of PAST PRESENT FUTURE for T-shirts
- Precedential No. 37: ".SUCKS" gTLD Fails to Function as Service Mark, Says TTAB
- Precedential No. 36: TTAB Affirms Failure-to-Function Refusal of TEXAS LOVE for T-Shirts, Rejects Equal Protection Argument
- Precedential No. 35: Bad Specimen of Use and Mere Descriptiveness Sink THERMAL MATRIX for Dental Appliance Liner
Discovery/Evidence/Procedure:
- Precedential No. 43: TTAB Dismisses Major League Soccer's Section 2(d) Claim Due to Lack of Prior Rights in INTER mark
- Precedential No. 40: TTAB Denies Summary Judgment Motion on "Standing" Issues in PURISIMA Cancellation Proceeding
CAFC Decisions:
- CAFC Affirms TTAB: BREW SCIENCE Merely Descriptive of Videos About Beer, Beer Accessories, and the Beer Industry
- CAFC Denies Petition for En Banc Rehearing of Australian Therapeutic Decision Despite Contractual Estoppel
- CAFC Upholds TTAB's Corcamore Sanction and "Standing" Decision, Rules that Lexmark Applies to Cancellation Proceedings
Recommended Reading:
- Recommended Reading: The Trademark Reporter Issue of November-December 2020
- Recommended Reading: Profs. Beebe and Fromer, "Fake Trademark Specimens: An Empirical Analysis"
- Recommended Reading: Lisa Pearson, "The Real Life of Fictional Trademarks"
- Ted Davis: 2020 Annual Review of U.S. Federal Case Law and TTAB Developments
- Decisions of the Supreme Court, the CAFC, and the TTAB on Registrability Issues: July 2019 – September 2020
Other:
- The Trademark Modernization Act of 2020 ("TMA") Provides Significant Benefits to Trademark Owners
- TTAB Posts January 2021 (Video) Hearing Schedule
- New Trademark and TTAB Fee Schedule Effective January 2, 2021
- TTAB Posts December 2020 Hearing Schedule
- New Trademark and TTAB Fees Effective January 2, 2021
- Kira-Khanh McCarthy Reports on October 30th TPAC Meeting
- TTAB Posts November 2020 (Video) Hearing Schedule
- TTAB Posts October 2020 Hearing Schedule
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