Organisation: DuPont

HOLLYWOOD COFFEE CO likely to be confused with HOLLYWOOD CAFÉ

The TTAB decision to affirm the likelihood of confusion refusal of HOLLYWOOD COFFEE CO for retail services highlights the importance of following the rules for entering third-party registrations into the record and shows that “something more” is not required to show relatedness between two types of service.

15 July 2024

JPO finds no similarity between SOFTWEAR and SOFTWAIR

A key factor in the JPO Appeal Board’s decision was that SOFTWAIR has three possible pronunciations. 

10 June 2024

VEUVE CLICQUOT v VEUVE OLIVIER: TTAB favours petitioner as respondent defaults in cancellation action

Viticulture giant MHCS, owner of the mark VEUVE CLICQUOT for “champagne”, was assisted by the relative absence of the respondent from the proceedings.

18 April 2024

A wake-up call: Trademarkia founder predicts AI could spell the end of trademark examiners and prosecution jobs

The founder of LegalForce RAPC Worldwide, Raj Abhyanker, has sent an email to Trademarkia's attorney team warning of a massive upheaval to the industry due to the rise of AI. 

18 January 2024

Surprise Federal Circuit decision shifts burden of proof to make trademark proceedings easier for defendants

The Federal Circuit has overturned years of precedent in a move that will be welcomed by defendants, while plaintiffs are left scratching their heads over how to prove that a mark is not in use.

09 August 2023

No SPARK here: TTAB refuses to register similar mark for real estate services

The US Court of Appeals for the Federal Circuit upheld the TTAB’s refusal to register the mark SPARK LIVING due to its “close similarity” with the earlier registered mark SPARK.

15 May 2023

Combatting genericisation through civil action in China

Steve Zhao and Lily Dong of GEN Law Firm highlight the strategies and legal remedies available to brand owners seeking to prevent the genericisation of their trademarks in China, including an innovative approach demonstrated in two recent milestone cases.

11 May 2023

Strike 1: priority. Strike 2: likelihood of confusion. Strike 3: you’re out under Section 2(d)

The Trademark Trial and Appeal Board found that trademark applications for ALL RISE and HERE COMES THE JUDGE would cause confusion with Major League baseball player Aaron Judge. 

04 May 2023

Up in smoke: TTAB dismisses e-cigarette opposition, provides guidance for effective evidence and testimony

The decision provides a valuable checklist for properly submitting critical evidence and testimony in TTAB proceedings.

18 November 2022

TTAB: reckless disregard for truth satisfies ‘intent to deceive’ requirement

In a landmark decision, the US Trademark Trial and Appeal Board has expanded the grounds on which fraud may be found by holding that proof of reckless disregard for truth or falsity may be sufficient to show an intent to deceive.

27 October 2021

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