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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Trademark Registration
The TTAB Affirms Refusal of Another CBD Mark on “Lawful Use” Grounds
On September 25, 2020, the TTAB issued a non-precedential decision summarily rejecting an applicant’s attack against an examining attorney’s refusal to register the mark NATURAL LEAF CBD LIVE BETTER NATURALLY…
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Trademark Owners Are Targets In Email Scams Mimicking USPTO
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
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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Gruyere Generic for Cheese, Per TTAB
Earlier this month, the Trademark Trial & Appeal Board (TTAB) issued a precedential ruling that the term “Gruyere” for cheese is generic. In 2015, Swiss and French industry groups sought…
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The TTAB: Rule 56(d) Protects Non-Movants from Being “Railroaded” by Premature Summary Judgment Motions
On July 28, 2020, the TTAB issued a precedential decision regarding an underutilized method for responding to summary judgment motions filed before the non-moving party has had a reasonable opportunity…
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The TTAB Finds the Mark GUARANTEED RATE Too Descriptive for Registration in the Absence of Survey Evidence
On July 30, 2020, the U.S. Trademark Trial and Appeal Board (TTAB) issued a precedential decision holding, in effect, that the mark GUARANTEED RATE is too common for…
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Expedited TM Review for Covid-19 Products/Services
Last month, the United States Patent and Trademark Office’s (USPTO) began an initiative to expedite the review of, and waive the fees related to, trademark applications for marks used to…
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Supreme Court Approves Booking.com Trademark
This week, the United States Supreme Court issued an important decision in U.S. Patent and Trademark Office v. Booking.com affirming that “Booking.com” is a protectable trademark. This case stemmed from…
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Excusable Nonuse of TM Due to Coronavirus
My colleague, Bridget Short, recently drafted an alert regarding an option for trademark owners seeking to avoid cancelation of a registration due to a temporary interruption in use and…
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