Archive for the ‘United States: Trademarks’ Category

CAFC holds Cancellation Petitioner Has Initial Burden to Overcome Presumption of Registered Mark’s Acquired Distinctiveness Since Under 37 C.F.R. 2.122 Application File Is Part of Evidence Record

By Nihan Keser on January 17th, 2010 in United States: Trademarks

In The Cold War Museum, Inc. v. Cold War Air Museum, Inc. the Court of Appeals for the Federal Circuit (“CAFC”) reversed the Trademark Trial and Appeal Board’s (“TTAB”) decision (#92047391), which had cancelled the registration of the Cold War Museum’s service mark THE COLD WAR MUSEUM (Serial 76487216).

The TTAB had initially dealt with the issue of whether the registrant’s Cold War Museum’s service mark had acquired distinctiveness and was registrable pursuant to section 2(f) of the Lanham Act, 15 U.S.C. § 1052(f). However, the TTAB erred in cancelling the registration after it held registrant Cold War Museum had not proven the acquired distinctiveness of its mark. The CAFC, upon de novo review of the TTAB’s legal conclusions, reversed the decision. (more…)

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TTAB Reverses Examiner’s finding of confusion citing arbitrary meaning of VOLTA, non-relatedness of vodka and wine

By Stephanie Snyder on November 4th, 2009 in United States: Trademarks

In In re White Rock Distilleries, Inc., the Trademark Trial and Appeal Board (“TTAB”) reversed an examining attorney’s decision refusing registration of the mark VOLTA (Ser. No. 77093221) under section 2(d) of the Trademark Act [15 U.S.C. § 1052(d)] based on likely confusion with the registered mark TERZA VOLTA (Reg. No. 3247456). The TTAB considered the similarity of the marks as well as the similarity of the goods and conluded they were not so similar as to cause confusion. (more…)

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TTAB denies summary judgment in opposition alleging fraudulent use claim where no industry-specific definition of service ‘production of energy’ existed

By Leah Jagusch on October 31st, 2009 in United States: Trademarks

In Enbridge, Inc. v. Excelerate Energy, LP (Opp. No. 91170364) , the Trademark Trial and Appeal Board (“TTAB”) unanimously denied the motion for summary judgment brought by Opposer Enbridge, Inc. (“Enbridge”) based on fraud. The TTAB found that there was not “clear and convincing” evidence that Applicant Excelerate Energy, LP (“Excelerate”) intended to deceive the USPTO. (more…)

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TTAB rejects opposition based solely on expert testimony concerning descriptiveness

By Nihan Keser on October 27th, 2009 in United States: Trademarks

In Anheuser-Busch, Inc. v. Kelly J. Holt (App. No. 91180119), the Trademark Trial and Appeal Board (“TTAB”) rejected the Opposer’s (Anheuser-Busch Inc.) arguments challanging the Applicant’s applied-for marks: “BEER 1″ (77063889), “ONE BEER, BEER 1″ (77065796) and “BEER 1 MMVII and design” (77090584). The TTAB held there was no basis to refuse the registration of the marks based on arguments primarily supported by expert testimony that the marks were merely descriptive or deceptively misdescriptiveand and lacked secondary meaning, or that if the marks were registrable, elements should be disclaimed. (more…)

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CAFC Clarifies Intent Necessary For Registration Fraud Against The PTO

By Stephanie Snyder and Arif A. Mahmood on October 10th, 2009 in United States: Trademarks

In In re Bose Corp., the Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded an appeal from the Trademark Trial and Appeal Board (“TTAB”) (Bose Corp. v. Hexawave, Inc.), which had cancelled Bose’s trademark Serial No. 1,633,789 for the word WAVE after finding Bose had committed fraud on the United States Patent and Trademark Office (“PTO”) under 15 U.S.C. § 1064(3) in renewing the registration. (more…)

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TTAB affirms test determining false suggestion of trademark with a U.S. national symbol

By Nihan Keser and Rosario Cartagena on August 26th, 2009 in United States: Trademarks

In In re Peter S. Herrick, P.A. (76653159), the Trademark Trial and Appeal Board (“TTAB”) affirmed the Examining Attorney’s refusal to register the applicant’s mark U.S. CUSTOMS SERVICE and design on all grounds. The TTAB refused the applicant’s mark under sections 15 U.S.C. §1052(a) of the Trademarks Act [false suggestion in connection with a national symbol] and 15 U.S.C. §1052(b) [simulation of an insignia of the U.S. government]. Also, the TTAB refused the applicant’s mark on the ground that the applicant failed to provide a color drawing conforming to the requirements of the Trademark Rules 2.52-2.54, 37 CFR§§ 2.52-2.54.

(more…)

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