In a recent precedential decision, the TTAB confronted the issue of timeliness of discovery requests served in opposition and cancellation proceedings—namely, whether Eastern Standard Time (EST) controls the timeliness of
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Melissa E. Scott
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TTAB Cancels Registration for Gun Barrel Trade Dress on Grounds of Functionality
By Melissa E. Scott on
On May 20, 2021, the TTAB issued a lengthy and comprehensive precedential opinion canceling Proof Research, Inc.’s registration for the trade dress of a gun barrel (as shown below) on…
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USPTO Issues Warning to U.S. Attorneys Not to Aid Others in Circumventing the U.S. Counsel Rule
By Melissa E. Scott on
Yesterday, the USPTO issued an alert regarding emails that U.S. attorneys have been receiving from unlicensed persons offering to pay attorneys in exchange for use of the attorneys’ bar credentials…
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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
By Melissa E. Scott on
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…
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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,…
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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…
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