Posts from ‘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. Continue Reading
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. Continue Reading
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. Continue Reading
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.
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