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...)
Archive for the ‘United States: Trademarks’ Category
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TTAB affirms test determining false suggestion of trademark with a U.S. national symbol
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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TTAB Applies Likelihood Of Confusion Test To Phonetically Similar Marks
In In Re Cynosure Inc., the Trademark Trial and Appeal Board (TTAB) applied the test determining the likelihood of confusion while affirming the Examining Attorney’s refusal of Cynosure Inc.’s mark, CYNERGY (76653359). The latter would be used in conjunction with medical lasers for the purpose of cosmetic and medical treatment of the face, available for direct sale to licensed medical practitioners. The applicant’s mark was refused under 15 U.S.C. § 1052(d) on the grounds that it would likely be confused with the registered mark SYNERGIE PEEL with regards to medical devices used to practice microdermabrasion.
(more...)TTAB Holds Acquired Distinctiveness A Necessary Component For Registration Of Sound Mark
In Re Vertex LLC, the Trademark Trial and Appeal Board ("TTAB") affirmed the examining attorney's refusal to register the applicant's sound mark in connection with a child's bracelet designed as a personal security alarm.The TTAB found that the product did not serve to identify and distinguish the source of applicant’s goods from similar goods of others. The TTAB also found that the proposed sound mark was not registrable because it is functional - the use of the alarm is essential to the purpose of the applicant's product.
(more...)CAFC CONFIRMS APPLICATION OF SUBSTANTIAL PORTION STANDARD TO MATERIALITY TEST UNDER 15 U.S.C. § 1052(E)(3)
In In Re Spirits International, N.V, the United States Court of Appeals for the Federal Circuit (CAFC) remanded an appeal from theTrademark Trial Appeals Board (TTAB), In Re Spirits International, N.V (86 USPQ2d 1078) ["Spirits"], where the TTAB affirmed the decision of the U.S. Patent and Trademark Office (PTO). The PTO based its rejection of Spirit's mark "MOSKOVSKAYA" (74/382,759) for registration in connection with vodka, on 15 U.S.C. § 1052(a) & (e)(3). However, the TTAB narrowed the relevant section to 15 U.S.C. § 1052(e)(3) and concluded that the mark was primarily geographically deceptively misdescriptive given that Russia is well-known for its vodka.
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