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 register the mark SALTY BULL BREWING & Design (with “BREWING” disclaimed) for “Restaurant and bar services; Taproom services; Taproom services featuring beer brewed on premises,”
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 a certification mark for the term, arguing that the mark certifies that the cheese is from the Gruyere region of Switzerland and France. The U.S.
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 registration in the absence of a consumer survey showing acquired distinctiveness.
Applicant, Guaranteed Rate Inc., sought registration on the USPTO’s Principal Register of the plain
On Friday, the United States Patent & Trademark Office (USPTO) announced that it was cancelling all in-person meetings — including all examiner interviews, all meetings between examiners and applicants, and all hearings before the Patent Trial & Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). The USPTO noted that parties will receive further
Earlier this month, at the request of the United States Patent and Trademark Office, the Federal Circuit Court of Appeals officially set a trademark registration requirement by making an earlier ruling precedential. That previously-unpublished ruling, which affirmed an earlier Trademark Trial & Appeal Board ruling, clarified the specific types of sales transaction information that are
Yesterday the Trademark Trial and Appeal Board (“TTAB”) affirmed the refusal by the United States Patent and Trademark Office (“USPTO”) to allow a Florida company to register trademarks containing the word “Keto.” In its ruling, the TTAB explained that the term “keto” is descriptive for ketogenic dietary products, even when combined with the other words
Nike continues to flex its ever-growing muscles in protecting its lucrative Jumpman brand, blocking the NFL’s Rob Gronkowski’s registration of a silhouette of his signature touchdown spike earlier this week. In a Notice of Opposition before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office (“USPTO”), Nike argues that Gronkowski’s
The short answer is that ™ is supposed to mean someone just thinks something is a trademark. ® is supposed to mean that a government trademarking authority has agreed that it could be a trademark and has issued a registration certificate.
Getting your trademark
The Trademark Trial and Appeal Board refused to allow registration of a USA Warriors Ice Hockey Program mark for “arranging and conducting ice hockey programs for injured and disabled members and veterans”, finding the mark was too similar to a mark owned by USA Hockey, Inc. (see a comparison of the marks below). The Board
This week, the Federal Circuit issued a new decision that once again reflects the tricky conundrum facing businesses whose trademarks are a collection of descriptive words.
In such circumstances, the Patent & Trademark Office – as well as the courts that review PTO decisions – frequently require such a business to “disclaim” any rights in