The U.S. Patent and Trademark Office (USPTO) has adapted to the COVID-19 era. Yet, performance challenges in certain operational areas remain. This is the conclusion of the USPTO FY 2020 Annual Report. Our previous article on TTAB statistics in the age of COVID-19 may be found here.
TTAB FY 2020 performance. The TTAB is responsible
TTAB filing statistics for 2019 reveal an increase in contested proceedings combined with greater delays in rendering final decisions.
The data, made available by the U.S. Trademark Trial and Appeal Board, reflects an increase in activity by litigants in both trademark opposition and trademark cancellation proceedings. Our 2018 summary is found here. Relevant 2019 data
Practical Advice for TTAB proceedings was the subject of a session at INTA Boston 2019.
The topics of discussion were as follows:
Difference between TTAB and District Court. Proceedings before the TTAB are usually more narrow and streamlined. This is due, in large part, on the limited jurisdiction of the Board to issues of registrability
The U.S. Trademark Trial and Appeal Board has disclosed first and second quarter filing and pendency statistics for 2018. Year to date (YTD) statistics as compared to the same period in 2017 include the following:
U.S. Trademark Trial and Appeal Board filings
When it comes to trademark oppositions, it pays to be Kühl.
In Alfwear Inc. v. Shuff, the U.S. Trademark Trial and Appeal Board was asked to consider whether the Applicant’s KU:L and design trademark for bicycles in International Class 12 created a likelihood of confusion with Opposer’s asserted “family” of KUHL trademarks for inter alia
Not all trademarks are created equal.
In a decision of a rarely invoked dictum of trademark law, the U.S. Trademark Trial and Appeal Board ruled that the phrase I BELIEVE THAT WE WILL WIN failed to function as a trademark and thus was not entitled to registration. The case, United States Soccer Federation, Inc. v.
If U.S. Trademark Trial and Appeal Board rulings are any indication, the “force” is apparently with those who invest substantial sums of money into advertising and promoting their brand names.
In a recent decision before the TTAB, Salesforce.com Inc. was successful in preventing Edataforce Consulting, LLC from asserting its rights in and to the mark EDATAFORCE for registration on the Principal Register. One of the influencing factors supporting judgment in favor of Salesforce.com was its substantial investment in the marketing and advertising of its pleaded family of “FORCE” marks and corresponding sales associated with the subject marks.Continue Reading Salesforce® Flexes its Muscles before the TTAB
Zillow may now be larger with its recent acquisition of Trulia, but not as big as LoanZilla!
In a recent decision of the U.S. Trademark Trial and Appeal Board, the Board dismissed Zillow’s trademark opposition proceeding against LoanZilla, finding no likelihood of confusion between the parties’ respective trademarks.
The case, Zillow, Inc. v. Super T
The U.S. Trademark Trial and Appeal Board has ruled in favor of Pepsi-Cola in a trademark opposition case filed by the New York beverage giant against a pro se applicant in the matter of Pepsico, Inc. v. Jay Pirincci.
The Applicant had sought registration of the mark CAN DEW for nutritional drink mixes to