Court: Trademark Trial and Appeal Board

Drawing on previous opposition claims, the Federal Circuit has voided the board’s decision to sustain the opposition between two non-denominational internet churches. The decision highlights issues of waiver in trademark disputes that involve multi-class applications.

04 January 2024

We revisit the five most important trademark rulings to come from US courts this year – and two to keep an eye out for in 2024.

27 December 2023

Docket Navigator has expanded its trademark coverage to include filings and outcomes at the Trademark Trial and Appeal Board.

30 August 2023

The Federal Circuit has overturned years of precedent in a move that will be welcomed by defendants, while plaintiffs are left scratching their heads over how to prove that a mark is not in use.

09 August 2023

In reversing and remanding a TTAB decision, an appeal court has reaffirmed that carefully and accurately applying DuPont factors is critical in disputes involving similar registered and unregistered trademarks.

03 August 2023

The tribunal has highlighted the importance of proving a design’s inherent distinctiveness with concrete evidence when pursuing protected trade dress status.

06 July 2023

The Supreme Court is to take a closer look at whether the USPTO’s refusal to register a mark related to the former president under the Lanham Act violates the First Amendment.

29 June 2023

In affirming a TTAB refusal, an appeal court has promoted the application of the 13 Dupont factors in cases involving substantial similarity between registered and unregistered marks.

25 May 2023

In its ruling on MLBPA trademark oppositions made on behalf of New York Yankees star player Aaron Judge, the TTAB has analysed key factors establishing priority of use and employed the Dupont factors to assess the likelihood of confusion caused by the relevant marks.

11 May 2023

In its reversal of a TTAB decision, an appeal court has reaffirmed the need for rights holders to demonstrate that their pre-existing mark covers all services specified in their new application in order to tack the latter’s use to the former’s earlier priority date.

27 April 2023