Category: In The News

Digital, Food & Beverage, In The News, The Basics, Trademark Filing

New & Noteworthy TTAB Filings: Monster Energy Opposes MONSTER BUCK for knives, Apple opposes SWATCH’s IPOP mark

This posts covers the New & Noteworthy filings before the Trademark Trial & Appeal Board from March 2 to March 8, 2015. This week, Marvel continued its assault on marks similar to its characters, troubled clothing store Wet Seal fights off other “wet” marks, and beverage company Sazerac wants everyone to be able to use the phrase “Drink Kentucky Bourbon.” MONSTER […]

In The News, The Basics, Trademark Filing

New & Noteworthy Trademark Opposition and Cancellation Filings with the TTAB: February 23 to March 1

This New & Noteworthy post looks at trademark oppositions filed at the Trademark Trial & Appeal board for the Week of February 23 – March 1. Marvel & DC, Co-Owners of the SUPER HERO Mark, File Two Oppositions Marvel & DC have been labeled trademark bullies in the past for their policing of the co-owned SUPERHERO mark for comic books, video […]

In The News

New & Noteworthy Trademark Oppositions and Cancellations: The Week of February 16th, 2015

This week’s New & Noteworthy TTAB filings feature a lot of logos and design marks. Among them are oppositions and cancellations from “frequent filers” Major League Baseball and Monster Energy. Creating a Monster – Monster Energy Opposes More Trademark Applications Monster Energy has frequently been accused of overreaching when it comes to enforcing its trademark portfolio – in fact, Gerben IP’s […]

In The News

New & Noteworthy Trademark Oppositions and Cancellations: The Week of February 9th, 2015

This week’s new and noteworthy TTAB proceedings featured potentially immoral clothing brands, stolen TV shows, and a lot of beer. Calvin Klein Opposes FTCK Mark Fashion Company Calvin Klein opposed an application for FTCK for clothing, claiming that it is confusingly similar to its registered CK marks. CK also argued in its opposition that FTCK is a scandalous and/or immoral mark […]

In The News, Sports

TTAB Finds LIMITED Merely Descriptive for Sports Trading Cards

The USPTO’s Trademark Trial & Appeal Board held that, given the nature of the collectible goods that are often sold in limited batches, the mark LIMITED for sports trading cards was merely descriptive and not entitled to registration. TTAB Case Background Both parties in this case, Panini American Inc. and the Topps Company, Inc., manufacture and sell sports trading cards. Last […]

In The News

New & Notable TTAB Oppositions and Cancellation Filings: The Week of February 2nd

This week’s new and noteworthy Trademark Trial & Appeal Board oppositions and cancellations were highlighted by Staples’s (the office store chain) claim that an application for ‘STAPLE’ (for a brand of vaporizers and e-cigarettes) would cause a likelihood of confusion and dilution of its STAPLES mark. There were also several proceedings involving design marks that could test the scope of protection for […]

In The News, The Basics, Trademark Filing

New & Notable TTAB Opposition and Cancellation Filings: The Week of January 26, 2015

In this new feature, Before the Board will look at the notable TTAB opposition and cancellation proceedings initiated at the Trademark Trial & Appeal Board. A lot of attention is paid to the “final” decisions of the TTAB, but here is a taste of the day to day workings of the TTAB. Pirelli opposes ‘MARTHA’ trademark for tires Italian tire company […]

In The News

TTAB Reverses Examiner’s Refusal, Finding That Unorthodox Proof of Commercial Use Was Valid

When a trademark applicant seeks to submit a statement of use to the USPTO, it must provide a specimen that shows the mark being ‘used in commerce’. This specimen must be a substantially exact representation of the mark as used on or in connection with the goods and/or services. In In Re Kristin A. Harris, the Trademark Trial and Appeal Board […]

Athletics, In The News, Industries, Sports

Super Bowl Trademark Musings: The Trademarks of the Seattle Seahawks

The Super Bowl is coming up soon and two teams, the New England Patriots and the Seattle Seahawks will battle it out for the championship. But who is winning the trademark battle? The Super Bowl trademark itself has had its fair share of trademark controversy over the years, but this article will explore the trademark filings and oppositions of the Seattle […]

Food & Beverage, In The News

Hershey v. Ferrero: Two Confectionary Giants Face Off at the TTAB

On January 12, 2015 the Hershey Chocolate & Confectionery Corporation filed a notice of opposition with the Trademark Trial & Appeal Board against a trademark filed for ‘KUSSCHEN’, which means, “a little kiss.” Hershey is one of the most well-known chocolate companies in the United States and produces the popular HERSHEY’S KISSES chocolates. Ferrero oHG mbH, the company which filled the […]

Apparel & Accessories, Athletics, In The News, Industries

Rare Trademark Appeal Success at TTAB: Redneck Racegirl v. Racegirl

In a rare reversal, the Trademark Trial and Appeal Board reversed an examiner’s finding that the stylized REDNECK RACEGIRL mark for various athletic apparel was confusingly similar to the standard word mark RACEGIRL for hats, belts, shirts and other apparel in Class 25. In its decision, the TTAB looked at the similarity of the marks, the similarity of the goods and […]

In The News, The Basics, Trademark Renewal

Trademark Renewal and Filing Fees are Reduced by USPTO

The cost to register and renew a trademark is going down. As of January 17, 2015, the USPTO is changing the filing fees for trademark applications by lowering (yes, lowering) them by $50. TEAS applications will now cost $275 per class (down from $325), while the less common TEAS Plus application will cost $225 per class (down from $275). The new standard […]