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The Law Offices of Joseph C. Messina
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The Trademark Trial and Appeal Board (the “Board or the “TTAB”) issued this precedential decision at the end of March 2018, and it was a partial win for the Applicant. The Applicant, Serial Podcast LLC, filed three applications at the United States Patent…
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While more U.S. states will consider marijuana legalization in 2018, the United States Patent & Trademark Office (“USPTO”) remains steadfast in refusing registrations to cannabis-related marks, when the goods or services will violate the federal…
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The United States Patent & Trademark Office (“USPTO”) has continued its efforts to rid the Trademark Register of marks that are not in use. This would include marks that have been abandoned or were not in use as of the filing date of the trademark…
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In a recent Trademark Trial and Appeal Board (“Board” or “TTAB”) decision, the Board reversed the Examiner’s refusal to register the mark YUMMIES and Design (a winking smiley face wearing a crown) for Latin American style food products, namely, processed…
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The USPTO and the Trademark Trial and Appeal Board (“TTAB” or the “Board”) have been trending towards refusing marks and affirming refusals where the trademarks are legally identical, and where the goods are complementary, or in other cases where the…
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Once an Examining Attorney refuses a trademark application on the grounds of likelihood of confusion (2(d) grounds), it is unlikely the Trademark Trial and Appeal Board (“TTAB” or the “Board”) will reverse the refusal. Statistics demonstrate that…
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Disclaimers seem simple on the surface, but there are important issues to consider when determining whether or not to disclaim certain terms in a proposed trademark. See our webpage entitled, Trademark Disclaimers for the fundamentals on what a disclaimer…
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Trademark practitioners can barely keep up with the decisions being issued by the Trademark Trial and Appeal Board (“TTAB” or the “Board”) in the area of surnames. In relatively recent times, the TTAB was focusing on the importance of the rareness of the…
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The Opposer or Petitioner in a proceeding before the Trademark Trial and Appeal Board (the “Board”) has the burden of proof to demonstrate there was no use of the mark in commerce prior to the time the trademark application was filed. This showing must be…
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