The Trademark Trial and Appeal Board recently released its TTAB filing statistics for fiscal year 2018. These updated figures include year-to-year changes in the filing of appeals, notices of oppositions, and petitions for cancellations. It also provides useful information on the disposition of cases.
Highlights include the following: (percentage in parentheses signifies change over 2017)
A motion for summary judgment in a trademark opposition or trademark cancellation proceeding before the Trademark Trial and Appeal Board (TTAB) can be an effective strategy. Summary judgment motions are often are filed near or at the end of discovery, prior to the trial phase of the case. Sometimes, summary judgment motions are brought even
A recent trademark cancellation action by Major League Baseball against an individual who had a registration for sports apparel is another victory for well-established brand names.
In Major League Baseball Properties, Inc. v. Christopher Webb, MLB petitioned to cancel U.S Reg. No. 4472701 for the mark MAJOR LEAGUE ZOMBIE HUNTER and design, for “clothing,
Trademark cancellation proceedings based on abandonment continue to present challenges to trademark registrants. In the latest case before the US Trademark Trial and Appeal Board, however, the registrant’s trademark registration was spared.
In AD5 Inc. v. Jennifer M. Estes dba #SELFiE T’s, the Petitioner sought to cancel Reg. No. 4642072 of the Registrants #SELFIE
A trademark opposition involving beverage trademarks was the subject of our most recent post. Now, we review a trademark cancellation dispute between two beverage trademark owners. In both proceedings, the grounds were a likelihood of confusion pursuant to Section 2(d) of the Trademark Act.
While seeking to cancel a trademark registration on the grounds that is generic is often difficult to prove, it is not impossible. Therefore, it is always prudent to be familiar with applicable rules and case law.
A generic term is the common descriptive term of a class of goods or services. Generic terms can never
Trademark cancellation due to abandonment is the subject of a recent decision by the Trademark Trial and Appeal Board.
In Yazhong Investing Ltd. v. Multi-Media Tech. Ventures, Ltd., the Petitioner sought to cancel four registrations of the Respondent. The grounds for cancellation were fraud and abandonment. Petitioner also
Food for thought. A trademark cancellation may result from abandonment of a trademark.
In Local Foods LLC v. Foodsmith Bowen Osborn, the Petitioner sought cancellation of Registrant’s FOODSMITH and Design trademark for “health food, namely freshly prepared meals consisting primarily of local and organic meat, fish poultry, vegetables, properly proportioned, for delivery and pickup”
Trademark opposition filings increased in 2016, according to a recent report released by the United States Patent and Trademark Office. A summary of comparative 2015 findings can be found in our publication here.
Highlights of the report include the following performance statistics for 2016 U.S. Trademark Trial and Appeal Board activities:
Tyler Perry is one successful businessman – and now new trademark owner.
Mr. Perry, the acclaimed actor, writer, and producer, has prevailed in cancelling the trademark registration of “What Would Jesus Do” (“WWJD”) of the television personality, Kimberly Kearney. The case is Tyler Perry Studios, LLC v. Kimberly Kearney.
Kearney, one of the contestants
