On March 17, 2021, in a matter of first impression, the United States Court of Appeals for the Fourth Circuit held a party appealing a decision of the United States
Continue Reading Selection of Federal Circuit Review of a TTAB Decision Does Not Bar District Court Review of a Later TTAB Decision Issued in the Same Case
Melissa E. Scott
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TTAB Cautions Applicants: Change of Conditions or Circumstances is Necessary to Excuse Application of Res Judicata
By Melissa E. Scott on
On March 5, 2021, the U.S. Trademark Trial and Appeal Board (“TTAB”) issued a precedential decision affirming refusal of SolarWindow Technologies, Inc.’s application to register the word mark…
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The Trademark Modernization Act of 2020 is Enacted
By Melissa E. Scott on
On December 27, 2020, Congress signed the Trademark Modernization Act of 2020 (the “Act”), which had rare bipartisan support, into law.
The Act makes substantive changes to the…
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The TTAB Continues Its Recent Trend of Failure-to-Function Refusals
By Melissa E. Scott on
On December 1, 2020, the TTAB continued its recent trend of decisions refusing to register marks on the ground of failure-to-function. In another precedential decision, the TTAB refused Applicant Lee…
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The TTAB Rejects Equal Protection Argument in Favor of Failure-to-Function Refusal
By Melissa E. Scott on
In a recent precedential decision, the United States Trademark Trial and Appeal Board (“TTAB”) affirmed an examining attorney’s failure-to-function refusal as respecting the standard character mark TEXAS LOVE,…
Continue Reading The TTAB Rejects Equal Protection Argument in Favor of Failure-to-Function Refusal
The Federal Circuit: Lexmark Governs Standing for Trademark Cancellation Proceedings
By Melissa E. Scott on
On October 27, 2020, the Federal Circuit affirmed a U.S. Trademark Trial and Appeal Board (“TTAB”) decision canceling Corcamore, LLC’s registration for the mark SPROUT. More specifically, the…
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The TTAB Affirms Refusal of Another CBD Mark on “Lawful Use” Grounds
By Melissa E. Scott on
On September 25, 2020, the TTAB issued a non-precedential decision summarily rejecting an applicant’s attack against an examining attorney’s refusal to register the mark NATURAL LEAF CBD LIVE BETTER NATURALLY…
Continue Reading The TTAB Affirms Refusal of Another CBD Mark on “Lawful Use” Grounds
Trademark Owners Are Targets In Email Scams Mimicking USPTO
By Melissa E. Scott on
For years, scam artists have targeted trademark owners with communications that mimic notices from the United States Patent and Trademark Office (USPTO) or other governmental entities.
Unfortunately, there is no…
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The TTAB Revisits the Doctrine of Foreign Equivalents
By Melissa E. Scott on
In the recent decision In re Hop Daddy LLC (Serial No. 88175921), the TTAB reexamined the contours of the doctrine of foreign equivalents.
The USPTO refused Hop Daddy’s application to…
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Federal Circuit: TTAB’s Decision to Enter Judgment as a Discovery Sanction was Appropriate
By Melissa E. Scott on
On August 5, 2020, the United States Court of Appeals for the Federal Circuit affirmed the TTAB’s decision to cancel a trademark registration for the mark HOLLYWOOD BEER as a…
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