This is a question many trademark applicants struggle with once they receive a final refusal from an Examining Attorney. An example of an appropriate time to appeal to the Trademark Trial and Appeal Board (TTAB) is when the Examining Attorney does not submit sufficient evidence into the record to meet…
In June 2011, ICANN (Internet Corporation for Assigned Names and Numbers) approved a plan to expand the number of new gTLDs (generic top-level domains) in the domain name system. A generic top-level domain is one of the categories of top-level domains maintained by the Internet Assigned Numbers Authority for use…
This recent Trademark Trial and Appeal Board (TTAB) precedential decision offers guidance to companies determining whether to seek trademark protection for flavor or scent trademarks. On February 25, 2013, in In re Pohl-Boskamp GmbH & Co., 106 USPQ2d. 1042 (TTAB 2013) [precedential], the TTAB affirmed the USPTO’s refusal to register…
For some time, there has been a line between alcoholic and non-alcoholic beverages, and applicants have relied on this lack of precedential finding at the Trademark Trial and Appeal Board (TTAB), when clearing trademarks in the beverage industry. However, Joel Gott Wines, LLC v. Rehoboth Von Gott, Inc., Opposition No. 91197659…
To receive the broadest type of trademark protection, we recommend registration with the United States Patent and Trademark Office. However, in the United States, if you have not registered your trademark rights, but you can prove trademark use in commerce, you will build common law (unregistered rights) rights. Common law…
There are multiple benefits of filing for federal trademark protection. In the recent decision of the Trademark Trial and Appeal Board (TTAB), Central Garden & Pet Company v. Doskocil Manufacturing Co., Inc. Opposition No. 91188816 (August 16, 2013) [citable as precedent], one more reason is given to trademark applicants to…