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Trademarks

  • Need for Boosting Trademark Law for Keeping Pace with Artificial Intelligence
    Image from here We’re pleased to bring to you a guest post by Shubham Borkar and Nitish Daniel. Shubham is a Senior Associate at Khurana and Khurana Advocates and IP Attorneys and Nitish is an Assistant Legal Advisor at ONGC. Need for Boosting Trademark Law ... Read More
    Source: Spicy IPPublished on 2019-04-06By Pankhuri Agarwal
  • TTABlog Test: Is FUR FREE FUR Merely Descriptive of Bags and Clothing?
    [This guest post was written by Amanda B. Slade, an associate in the Trademark Group at Wolf, Greenfield & Sacks, P.C.]. The USPTO issued a Section 2(e)(1) merely descriptiveness refusal of FUR FREE FUR, in standard character form, for goods including handbags, tote bags, suitcases, and pet accessories in Class ... Read More
    Source: The TTABlogPublished on 2019-04-05By John L. Welch
  • “Advanced Practice Tips from the TTAB” by Judges Susan Hightower and Christen English
    At Tuesday's "Trademark Office Comes to California" session, Judge Susan Hightower provided the attendees with the latest edition of "Advanced Practice Tips from the TTAB," authored by Judge Hightower and newly-appointed Judge and former Interlocutory Attorney, Christen English. I thank Judge Hightower and Chief Judge Rogers for permission to provide ... Read More
    Source: The TTABlogPublished on 2019-04-04By John L. Welch
  • SpicyIP Fellowship 2019-20: “See You Later, Alligator!” The Delhi High Court Rejects Crocs’ Suit For Passing Off of Registered Design
    Image from here We’re pleased to pleased to bring to you a guest post by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her first submission for the Fellowship. “See You Later, Alligator!” The ... Read More
    Source: Spicy IPPublished on 2019-04-04By Pankhuri Agarwal
  • Recent Trademark Tweets
    I asked and @saucony answered! Thanks @yourpalmal for making this happen! pic.twitter.com/GBAgv1yypQ — Josh Gondelman (@joshgondelman) April 2, 2019
    https://t.co/OzwnpSI1IZ — release the full report (@TrademarkBlog) April 2, 2019
    Today on “What’s The Mark?”: Apple application for registration states: “The mark consists ... Read More
    Source: The Trademark BlogPublished on 2019-04-03By Marty Schwimmer
  • RXD Media v IP Application Development – EDVA Decision Affirms TTAB Decision re IPAD Trademark
    Source: The Trademark BlogPublished on 2019-04-03By Marty Schwimmer
  • Precedential No. 6: TTAB Finds ALGAE WAFERS Generic for …. Guess What?
    Adding to a growing list of genericness rulings, the Board affirmed a refusal to register ALGAE WAFERS for "fish food," finding it to be generic for the goods. The Board also affirmed an alternative refusal under Section 2(e)(1), deeming Applicant Hikari's proof of acquired distinctiveness under Section 2(f) to be ... Read More
    Source: The TTABlogPublished on 2019-04-03By John L. Welch
  • E.D. Va. Affirms TTAB’s “IPAD” Decision in Favor of Apple
    The United States District Court for the Eastern District of Virginia has affirmed, on summary judgment, the TTAB's precedential decision in RxD Media, LLC v. IP Application Development LLC, 125 USPQ2d 1801 (TTAB 2018) [TTABlogged here]. Because RxD Media submitted no new evidence, Judge Liam O'Grady ruled that a de ... Read More
    Source: The TTABlogPublished on 2019-04-02By John L. Welch
  • Week In Review
    By Chantelle A. Gyamfi Edited by Elissa D. Hecker The following articles are divided into Entertainment, Arts, Sports, Media, and General News: ENTERTAINMENT Charges Dropped Against Jussie Smollet - Chicago's Mayor Is Not Pleased Just a month after being indicted on 16 counts, prosecutors in Chicago have dropped all charges ... Read More
    Source: NYSBAPublished on 2019-04-01
  • Precedential No. 5: TTAB Finds VIRTUAL INDEPENDENT PARALEGALS Generic for ….. Guess What?
    In a less than scintillating but precedential ruling, the Board affirmed two refusals to register VIRTUAL INDEPENDENT PARALEGALS for "paralegal services; providing medical record summaries, deposition summaries and document review; litigation support services” [PARALEGALS disclaimed], finding the phrase to be “indisputably generic” for, or alternatively merely descriptive of, the identified ... Read More
    Source: The TTABlogPublished on 2019-04-01By John L. Welch
  • DANG
    By Barry Skidelsky, Esq., EASL Section Chair In a move that has taken industry observers by complete surprise, a joint press release was issued this morning announcing the merger of Disney, Amazon, Netflix, and Google (DANG). Similar to the process involved with a pre-packaged bankruptcy, both the Department of Justice ... Read More
    Source: NYSBAPublished on 2019-04-01
  • TTABlog Quarterly Index: January-March 2019
    We're off and running in a new TTAB year. Don't forget that e-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. You may also follow the TTABlog on Twitter: @TTABlog.Section 2(a) - Deceptiveness:TTABlog Test: ... Read More
    Source: The TTABlogPublished on 2019-03-31By John L. Welch
  • Making Sense of Downstate Casinos
    By Bennett Liebman As part of the 2019 State budget negotiations, the owners of the two video lottery (VLT) parlors in the New York City area have proposed that they be allowed to convert their facilities into full-fledged casinos. They have promised considerable financial support to the State in return ... Read More
    Source: NYSBAPublished on 2019-03-30
  • TTAB Posts April 2019 Hearing Schedule
    The Trademark Trial and Appeal Board (TTAB) has scheduled five (5) oral for the month of April 2019. Four of the hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. The hearing on April 16th will be held at Georgia State University College of ... Read More
    Source: The TTABlogPublished on 2019-03-29By John L. Welch
  • SCOTUS to Decide if Trademark Licensees Lose Their Rights When the Licensor Becomes Insolvent
    The Supreme Court has granted review in the matter known as Mission Product Holdings Inc. v. Tempnology LLC, No. 17-1657, where it will decide whether a licensee loses its right to use a licensed trademark if the licensor files bankruptcy and the bankruptcy trustee chooses to reject the licensor’s license ... Read More
    Source: The IP Law BlogPublished on 2019-03-29By Josh H. Escovedo
  • TTABlog Test: Are These Two Male Torso-Shaped Perfume Bottles Confusingly Similar?
    The USPTO refused registration of the mark shown below left, comprising a bottle in the shape of a male torso, for "Perfumery, essential oils, articles for body- and beauty-care, namely, perfumes," finding it likely to cause confusion with the container design mark shown below right, for "perfumes" (lined for the ... Read More
    Source: The TTABlogPublished on 2019-03-28By John L. Welch
  • Coming Soon to Canada – Madrid
    Janice BereskinIt was a long and cold winter in most of Canada – more so than usual and during that time, the Canadian IP community kept busy shoveling snow and preparing for the many amendments to Canada’s Trademarks Act, finally confirmed to be in force on June 17, 2019 (the ... Read More
    Source: Kluwer Trademark BlogPublished on 2019-03-27
  • TTABlog Test: Is ALACRAN Confusable with SCORPION for Mezcal?
    The USPTO refused to register the mark ALACRAN for "alcholic beverages except beers; distilled blue agave liquor," finding the mark likely to cause confusion with the registered marks SCORPION MEZCAL for "alcoholic beverages, namely, Mezcal" [MEZCAL disclaimed] and SCORPION & Design, shown immediately below, for "alcoholic beverages, namely, distilled spirits." ... Read More
    Source: The TTABlogPublished on 2019-03-27By John L. Welch
  • POLAND – TRADEMARKS QUICKER, STRONGER, BROADER
    By: Krystian Maciaszek  New Polish regulation supports the trademark owners in execution of their rights The recent amendment of the Polish Industrial Property Law, which has now entered into force, introduces significant changes to trademark regulations. In some areas it improves, strengthens and expands protection and in others it offers ... Read More
    Source: RE:MARKSPublished on 2019-03-26By DLA Piper
  • TTABlog Test: Is “A MOTHER’S TOUCH MOVERS” Confusable with “A WOMAN’S TOUCH MOVING” for Moving Services?
    The USPTO refused to register the mark A MOTHER'S TOUCH MOVERS for "transportation of household goods for others" [MOVERS disclaimed], finding a likelihood of confusion with the registered mark A WOMAN'S TOUCH MOVING for "moving and storage of goods; moving company services" [MOVING disclaimed]. The services overlap, as do the ... Read More
    Source: The TTABlogPublished on 2019-03-26By John L. Welch
  • Week In Review
    By Leslie Berman Edited By Elissa Hecker The following articles are divided into Entertainment, Arts, Sports, Media, and General News: ENTERTAINMENT Warner Bros. Chief Quits Amid Inquiry Into Whether He Helped Actress Get Roles The Chief executive of AT&T's Warner Bros. studios division, Kevin Tsujihara, has stepped down after accusations ... Read More
    Source: NYSBAPublished on 2019-03-26
  • Transition At IP-Watch: A New Path Forward
    Dear Readers, After 15 years of original, independent, thoughtful, and timely reporting on global policymaking from the inside, Intellectual Property Watch (IP-Watch) is announcing today a pause on reporting services as it embarks on a transition phase to devise new strategies for future work. ... Read More
    Source: IP WatchPublished on 2019-03-25By Intellectual Property Watch
  • Health Policy Watch – Continuing The IP-Watch Tradition Of Vibrant Health Reporting
    Following today’s announcement of a one-year pause on IP-Watch reporting, we invite all IP-Watch readers to sign up here for free daily, weekly or monthly news bulletins from our sister publication, Health Policy Watch, which will include health-related IP reporting as part of its portfolio. You can follow Health Policy Watch ... Read More
    Source: IP WatchPublished on 2019-03-25By Intellectual Property Watch
  • “The Trademark Office Comes to California” – April 2 (SF) and April 4 (LA)
    "The Trademark Office Comes to California," set for April 2 in San Francisco, and April 4 in Los Angeles, is one of the flagship events hosted by the California Lawyers Association Intellectual Property Law Section, and it offers unparalleled value in addition to the chance to hear and meet the ... Read More
    Source: The TTABlogPublished on 2019-03-25By John L. Welch
  • TTABlog Test: Is TEMPUS for Beer Confusable With TEMPUS TWO for WInes?
    The USPTO refused registration of the mark TEMPUS in the stylized form below, for "beer," finding a likelihood of confusion with the registered mark TEMPUS TWO for "wines." There was little doubt regarding the similarity of the marks, and the evidence failed to prove that the cited mark is weak. ... Read More
    Source: The TTABlogPublished on 2019-03-25By John L. Welch
  • JUST SAY IT for Books Confusable with and Dilutive of Nike’s JUST DO IT, Says TTAB
    Finding Nike's slogan JUST DO IT to be "exceedingly" famous for both Section 2(d) and Section 43(c) purposes, the Board sustained this opposition to registration of the mark JUST SAY IT in the design form shown below, for books and downloadable e-books in the field of "promoting healthy lifestyles encompassing ... Read More
    Source: The TTABlogPublished on 2019-03-22By John L. Welch
  • Apples and Pears
    Sara Parrello and Fabio AngeliniIn the US to indicate two things which are truly… incomparable, one says “oranges and apples”. In continental EU, we  say “apples and pears”. This case deals indeed with apples and pears. On 31 January 2019, the General Court of the European Union had to ... Read More
    Source: Kluwer Trademark BlogPublished on 2019-03-21
  • Current Roster of TTAB Judges
    With the recent appointment of three (3) new TTAB Judges, the Trademark Trial and Appeal Board's membership now stands at twenty-five (XXV) Administrative Trademark Judges. The current roster is set forth below, beginning with Chief Judge Gerard F. Rogers and then proceeding alphabetically.Rogers, Gerard F. (Chief Judge): Appointed to TTAB ... Read More
    Source: The TTABlogPublished on 2019-03-21By John L. Welch
  • TTABlog Test: Is BIKESTYLE Merely Descriptive of Cycling Apparel?
    [This guest post was written by Amanda B. Slade, an associate in the Trademark Group at Wolf, Greenfield & Sacks, P.C.]. The USPTO refused registration of the mark BIKESTYLE, in standard character form, for cycling apparel including gloves, arm and leg warmers, pants, cycling shorts, cycling jerseys, shirts, rainwear, and ... Read More
    Source: The TTABlogPublished on 2019-03-21By John L. Welch
  • No Going Back – Canada Formally Accedes to Singapore, Madrid and Nice Treaties
    The Canadian Intellectual Property Office (CIPO) has announced that as of March 17, 2019, Canada has formally acceded to the Singapore Treaty, the Madrid Protocol and the Nice Agreement.  All three of these treaties will come into force in Canada on June 17, 2019. According to CIPO “As of that ... Read More
    Source: Canadian Trademark BlogPublished on 2019-03-20By Neil Melliship