Thor Tech, Inc. (“Applicant”) sought to register the mark TERRAIN, in standard character form for “recreational vehicles, namely, towable trailers”. The Examining Attorney refused to register Applicant’s mark based on a likelihood of confusion with General Motors’ (“Registrant”) registration for the mark TERRAIN for “motor vehicles, namely, trucks”. The Trademark…
Nieves and Nieves LLC, (the “Applicant”) filed an intent-to-use application with the USPTO for the mark ROYAL KATE for various goods, including apparel, cosmetics, watches, bedding, and hand bags. The Examining Attorney refused to register the trademark application under Section 2(a) of the Trademark Act of 1946 for falsely suggesting…
On December 19, 2014, in a precedential opinion, the U.S. Court of Appeals, for the Federal Circuit overturned the Trademark Trial and Appeal Board’s (the “Board”) decision which had affirmed a Section 2(d) refusal. See In re St. Helena Hospital, 113 USPQ2d 1082 (Fed. Cir. 2014) [precedential]. The Federal Circuit has…
At the end of 2014, the Trademark Trial and Appeal Board (the “Board” or “TTAB”) issued a surprising decision (albeit non-precedential), finally questioning the rule that bars all titles of single creative works from receiving federal trademark registration. See In re King Productions, Inc. Serial No. 76703458 (November 19, 2014)…
The most popular change at the United States Patent & Trademark Office (“USPTO”) is the fee reductions for trademark applications and trademark renewals. These reductions become effective on January 17, 2015. The Trademark Electronic Application System (“TEAS”) at the USPTO allows for two types of trademark application filings. One is…
McSweet LLC (“Applicant”) filed two trademark applications to register the mark MCSWEET for “pickled gourmet vegetables, namely, pickled cocktail onions, pickled garlic, and pickled, marinated olive medley” and “pickled asparagus.” (the amended identification). McDonald’s Corporation (“Opposer”) opposed both trademark applications on the grounds of likelihood of confusion, dilution, and lack…
Happy Green Company LLC, (“Applicant”) filed a trademark application with the United States Patent and Trademark Office (“USPTO”) for the mark Anthō for goods in International Class 3 including, but not limited to beauty products and cosmetics; skin care preparations; and perfumes and colognes. Anthropologie, Inc. and U.O. Merchandise, Inc.…
United Trademark Holdings, Inc. (Applicant) filed an application for the mark ZOMBIE CINDERELLA in standard character format for dolls. The Examining Attorney refused registration pursuant to § 2(d) of the Trademark Act, 15 U.S.C. § 1052(d) based on a likelihood of confusion with the registration, WALT DISNEY’S CINDERELLA & Design…
On April 20, 2006 the Applicant filed a trademark application for NATIONSTAR pro se with the United States Patent & Trademark Office (“USPTO”). The Applicant filed a use-based application for real estate brokerage; rental of real estate; real estate management services (residential and commercial properties); real estate investment; insurance and…
The Trademark Trial and Appeal Board (hereinafter the “Board”) rendered an interesting decision involving Section 2(a) of the Trademark Act and a famous pop singer’s clothing line. Gwen Stefani, one of the judges on the popular T.V. show The Voice has been battling a refusal issued by the United States…