Posts Tagged: "ttab"

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision Wednesday in Fuente Marketing Ltd. v. Vaporous Technologies, LLC, affirming the decision of the Trademark Trial and Appeal Board (TTAB) and holding that the Board correctly dismissed an opposition to a trademark application after finding no likelihood of confusion between the applied-for mark and registered marks.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed a decision of the Trademark Trial and Appeal Board (TTAB) that the mark SAZERAC STITCHES is likely to be confused with registered mark SAZERAC. Laurel Designs, LLC sought to register SAZERAC STITCHES for retail store and online services related to lighting, hardware, furniture and textiles, among others. The examiner rejected the application due to potential confusion with the mark SAZERAC, registered for “online retail store services featuring distilled spirits, beverage glassware, cocktail accessories, T-shirts, caps, postcards, and cocktail recipe books.” Laurel Designs appealed to the TTAB and the Board affirmed after analyzing three of the 13 DuPont factors and determining they favored a finding of confusion.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday affirmed a decision of the Trademark Trial and Appeal Board (TTAB) that refused to register trademarks relating  to New York Yankees outfielder Aaron Judge. The court found that the marks ALL RISE and HERE COMES THE JUDGE were already associated with Judge and that the applicant, Michael P. Chisena could not establish priority. The case was decided by Circuit Judges Lourie and Hughes, along with District Judge Beth Labson Freeman of the Northern District of California, sitting by designation.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential decision affirming the Trademark Trial and Appeal Board’s (TTAB’s) cancellation of the registration for the mark I AM MORE THAN AN ATHLETE. GP GAME PLAN. The CAFC also dismissed Game Plan, Inc.’s opposition to Uninterrupted IP, LLC’s (UNIP’s) six intent-to-use applications for marks containing I AM MORE THAN AN ATHLETE and MORE THAN AN ATHLETE. The opinion was authored by Judge Reyna.

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today authored by Chief Judge Moore reversing the Trademark Trial and Appeal Board’s (TTAB’s) affirmance of a refusal to register the mark KAHWA for cafes and coffee shops.

The U.S. Supreme Court on Monday denied certiorari on a petition filed by PT Medisafe asking the Court to overturn a precedential U.S. Court of Appeals for the Federal Circuit ruling upholding the U.S. Patent and Trademark Offices (USPTO’s) approach to genericness for color trademarks. Medisafe filed a trademark application claiming the color dark green for the surface of chloroprene examination gloves. The USPTO trademark examiner found that Medisafe’s claimed mark was generic despite a declaration from Medisafe’s Executive Vice President, as well as promotional literature and color advertisements within the industry.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday issued a precedential decision in Apex Bank v. CC Serve Corp., affirming-in-part, vacating-in-part, and remanding a decision of the Trademark Trial and Appeal Board (TTAB) refusing registration of the marks ASPIRE BANK. The opinion, authored by Circuit Judge Hughes, with Chief Judge Moore and Circuit Judge Cunningham joining, held that the TTAB correctly found the parties’ services highly similar under the second DuPont factor but erred in applying an inconsistent and overly narrow standard when analyzing third-party marks under the sixth DuPont factor.

The U.S. Court of Appeals for the Federal Circuit (CAFC) today affirmed two decisions of the Trademark Trial and Appeal Board (TTAB) rejecting trademark applications in Case No. 24-2181 and Case No. 24-2183 filed by pro se applicant Nagarajan Duraisamy. In both cases, the Board affirmed the examining attorney’s refusals, concluding that the applications did not comply with U.S. Patent and Trademark Office (USPTO) requirements for identifying goods and services, fee payment, entity designation and mark description.

A split panel of the U.S. Court of Appeals for the Federal Circuit (CAFC) on Tuesday vacated and remanded a Trademark Trial and Appeal Board (TTAB) decision that affirmed the rejection of Erik Brunetti’s applications to register the mark FUCK for various goods and services. The precedential decision was authored by Judge Dyk and Judge Lourie dissented.

In a precedential trademark decision issued today, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a Trademark Trial and Appeal Board (TTAB) ruling that had found no likelihood of confusion between the marks KIST and SUNKIST. Beverage company Sunkist Growers, Inc. opposed Intrastate Distributors, Inc.’s applications to register the mark KIST in standard characters and the stylized mark kist for “[s]oft drinks, namely, sodas and sparkling water; concentrates and syrups for making soft drinks.” SUNKIST submitted 16 registrations for SUNKIST during the opposition but the TTAB ultimately dismissed the opposition.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday in a precedential decision affirmed a Trademark Trial and Appeal Board (TTAB) decision finding that the mark VETEMENTS for clothing items is generic and merely descriptive without acquired distinctiveness under the doctrine of foreign equivalents.

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday affirmed a Trademark Trial and Appeal Board (TTAB) decision upholding an examiner’s refusal to register the mark US SPACE FORCE to Thomas Foster. The CAFC, in an opinion authored by Chief Judge Moore, agreed with the TTAB that the mark created a false suggestion of a connection with the United States government based on President Donald Trump’s creation of the Space Force as a sixth military branch, which was established by congress in December of 2019.

On Tuesday, April 29, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in In re: PT Medisafe Technologies affirming the Trademark Trial and Appeal Board’s (TTAB’s) application of its test for genericness in color marks. Finding both that the TTAB’s inquiry properly aligned with Federal Circuit precedent on generic marks and that the TTAB’s finding was supported by substantial evidence, the appellate court rejected Medisafe’s challenges to the rejection of its trademark application claiming the color dark green for the surface of chloroprene examination gloves.

On April 14, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Trademark Trial and Appeal Board (TTAB) refusing registration of R.S. Lipman Brewing Company, LLC’s (Lipman) proposed CHICKEN SCRATCH trademark for beer. The court agreed with the Board that a likelihood of confusion exists with an already-registered CHICKEN SCRATCH mark for restaurant services.