Last week, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a TTAB decision affirming a refusal to register the phrase TRUMP TOO SMALL because it “comprises
Continue Reading The Federal Circuit Deals Another Blow to the Lanham Act, Finding Section 2(c) Unconstitutional as Applied to a Refusal to Register TRUMP TOO SMALL
On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the
Continue Reading The TTAB: Service Mark Use Requires More Than Just Preparation
All TTAB practitioners are familiar with the heightened standard of proof required to prove fraud before the USPTO. However, many forget that proving an intent to deceive the USPTO, not
Continue Reading The TTAB: “Knowing Intent to Deceive” is the Lynchpin of A Fraud Claim
In a recent precedential decision, the Trademark Trial and Appeal Board (“TTAB”) cautioned practitioners to be careful what they ask for and to draft their filings accordingly.
On September 8,
Continue Reading Be Precise When Expressly Abandoning a Trademark Application or Face the Consequences
In a recent precedential decision, the TTAB again revisited the doctrines of claim and issue preclusion.
Valvoline Licensing & Intellectual Property LLC (“Valvoline”) opposed Sunpoint International Group USA Corp.’s (“Sunpoint”)
Continue Reading Precedential TTAB Decision Revisits Claim and Issue Preclusion
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
Continue Reading TTAB Cancels Registration for Gun Barrel Trade Dress on Grounds of Functionality
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
Continue Reading The TTAB Continues Its Recent Trend of Failure-to-Function Refusals
For the first time in nearly three years, the USPTO will be adjusting its fees for Trademark Registrations and for filing fees related to proceedings involving the Trademark Trial and
Continue Reading Want to Save Money? Address Your Trademark Issues Now.
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
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
Continue Reading The Federal Circuit: Lexmark Governs Standing for Trademark Cancellation Proceedings