Court: Trademark Trial and Appeal Board

Monster Energy fails to cancel golden PREDATOR mark for beverages

The TTAB has denied Monster Energy Company’s petition for cancellation of a golden PREDATOR mark and instead granted a summary judgment in connection with the claim the owner did not have a bona fide intent to use.

18 July 2024

ARCHITECT does not identify professional architect, TTAB reversal states

The TTAB has issued a precedential opinion, reversing a refusal to register KORN FERRY ARCHITECT on the ground that “ARCHITECT” was merely descriptive of the applicant’s HR services.

17 July 2024

HOLLYWOOD COFFEE CO likely to be confused with HOLLYWOOD CAFÉ

The TTAB decision to affirm the likelihood of confusion refusal of HOLLYWOOD COFFEE CO for retail services highlights the importance of following the rules for entering third-party registrations into the record and shows that “something more” is not required to show relatedness between two types of service.

15 July 2024

Over half of all Louis Vuitton US infringement cases filed at one court, data analysis finds

Around 57% of all Louis Vuitton infringement disputes in the United States take place before one Florida court, according to data analysis.

21 June 2024

United States: Best practices for filing and prosecuting trademarks before the USPTO

Featured in The Trademark Prosecution Review 2024

When engaging with the US trademark system, there are some critical principles that rights holders should note. It is crucial to have a concrete understanding of how to navigate restrictions on registrations, the complexities of non-traditional marks and grounds for opposition – alongside the USPTO’s new trademark search platform. 

14 June 2024

Specialist Chapter: Recent USPTO decisions shift understanding of related goods and services in the United States

Featured in The Trademark Prosecution Review 2024

There is a growing trend of USPTO examiners using third-party evidence to take a more expansive view of what goods and services are considered related. Practitioners should consider third-party registrations and adopt a similarly broad outlook when advising clients on likelihood of confusion.

14 June 2024

Fourth Circuit clarifies district court’s power to subpoena in USPTO proceedings

Upholding a district court decision in a software dispute, the Fourth Circuit has shed light on the rules that govern the power to subpoena evidence for use. The judgment underscores the differences between the TTAB and the courts, and the strategic implications of such a distinction.

04 April 2024

TTAB insufficiently weighed likelihood-of-confusion factors in cancellation action, Federal Circuit rules

In an infringement dispute involving two baby product retailers, the US Court of Appeals for the Federal Circuit found that the TTAB erred in its application of several DuPont factors when it analysed the similarity between two marks.

07 March 2024

Federal Circuit cements threshold between sentiment and source identification in registration refusal

The informational matter doctrine has proved crucial in deciding where to draw the line between source identification and sentiment following a TTAB refusal to register the mark ‘everybody vs racism’.

15 February 2024

Prior analogous trademark use proves fatal for Cosmic Crusaders in TTAB cancellation

After a precedential 2022 decision, the TTAB has highlighted how prior analogous trademark use can impact priority in a recent spat between two competing comic creators.

01 February 2024

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