In a rare reversal by the Trademark Trial and Appeal Board (the “Board” or the “TTAB”), it was determined that there was no confusion among the marks NABOSO (English translation barefoot) and BAREFOOT for overlapping goods. See In re Naboso Technology, LLC, Serial No. 87236262 (February 27, 2019) [not precedential],…
As a trademark practitioner, I hope this decision issued by the Trademark Trial and Appeal Board (the “Board” or “TTAB”) is an indication that the Board will be tougher on inconsistent examination by Examining Attorneys at the USPTO. See In re The Random Acts of Kindness Foundation, Serial Nos. 87245967,…
Applicant was seeking to register the mark HONEYHOLE SANDWICHES in standard characters with a disclaimer on “sandwiches” for “restaurant with bar specializing in serving proprietary unique sandwiches, local beers, and alcohol in a vibrant eclectic environment”. The Examining Attorney refused the application due to a likelihood of confusion with the…
In a recent case, The Trademark Trial and Appeal Board (the “Board” or “TTAB”) reversed a 2(d) refusal finding the applicant’s mark which contained words plus a design not to be similar enough to the registrant’s mark to cause a likelihood of confusion. See In re Primeway International LLC, Serial No.…
In this matter, petitioner is seeking to cancel respondent’s trademark registration, FIREBRAND for a newsletter featuring brand and product development pursuant to Section 14(3) of the Trademark Act. See Lewis Silkin LLP v. Firebrand LLC, 129 USPQ2d 1015 (TTAB 2018) [precedential]. Petitioner alleges that respondent abandoned the mark. Respondent filed…
The US Court of Appeals for the Federal Circuit (the “CAFC”) affirmed the Trademark Trial and Appeal Board’s (the “Board”) decision refusing to register the marks CORN THINS and RICE THINS for snack foods, and vacated the Board’s decision dismissing a claim that these same marks were generic. See Real…
In a recent case decided by the Trademark Trial and Appeal Board (the “Board” or the “TTAB”), the applicant argued that its proposed mark, ATHLETE INTELLIGENCE was suggestive of the goods requiring the consumer to use a multistep reasoning process. See In re i1 Sensortech, Inc., Serial No. 87249539 (November 9,…
Typically, trademark applications and registrations can be assigned in whole or in part. For general information on trademark assignments, see the web page entitled, Trademark Assignments, where important concepts such as the chain of title and recording an assignment are discussed. However, there are special rules for intent-to-use applications under…
In a recently issued Trademark Trial and Appeal Board (“TTAB” or the “Board”) decision, we are reminded that using a geographically descriptive term in a trademark may risk a refusal by the Examining Attorney and the Board could affirm the refusal. See In re National Association of Veterinary Technicians in…
The applicant in this matter, American Cruise Lines, Inc. is seeking registration of the mark, AMERICAN CONSTELLATION (standard characters) for cruise ship services, transportation of passengers by ship and conducting cruises for others. The Examining Attorney refused the application based on a likelihood of confusion with the registrant’s marks, CONSTELLATION…