Almost everyone has probably heard of “Taco Tuesday.” Ads, local restaurants, celebrities—they use this popular slogan to refer to the idea that it is fun to eat tacos on Tuesdays. But although this phrase is used by many, two restaurant
trade mark
RAPUNZEL, RAPUNZEL – Mere Consumers Have No Standing to Oppose
An opposition that has been making its way through the Trademark Trial and Appeal Board (“TTAB”) for several years appears to have finally reached its not-so-fairytale ending. In May 2023, the TTAB overturned a 2018 TTAB ruling in the same…
Up in Smoke: TTAB Denies Registration for Cannabis Paraphernalia
The Trademark Trial and Appeal Board (“TTAB”) at the United States Patent and Trademark Office (“USPTO”) recently issued a precedential opinion concerning the registration of marks used in connection with goods deemed “drug paraphernalia” under the Controlled Substances Act (“CSA”).
Don’t Mess With the (Aaron) Judge
In a precedential decision, the Trademark Trial and Appeal Board (“TTAB”) found a likelihood of confusion between the applied-for marks sought by Applicant, Michael P. Chisena, and the common law rights owned by Opposers, Major League Baseball Players Association (“MLBPA”)…
Yet Another Change Coming Up? Structural Changes to CNIPA and China’s Potential 5th Amendment to Trademark Law
We are just a few months into 2023, but we are already seeing a number of proposed changes to Chinese Trademark Law.
We wish to draw attention to some of the upcoming structural changes to the China National Intellectual Property…
Apple’s Tacking Attempt in Trademark Opposition Hits a Sour Note
On April 4, in Bertini v. Apple Inc., the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the limitations of tacking and its application in establishing priority in trademark disputes. This case sets an important precedent…
The New York Times Company Secures Registration of Six Column Names, Including LIKE A BOSS and THE NEW OLD AGE
In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed six refusals to register The New York Times Company’s (the “Times”) names of its newspaper columns, THE NEW OLD AGE, A GOOD APPETITE, HUNGRY CITY, WORK FRIEND…
TTAB Begins Pretrial Conference Pilot Program
This week, the United States Patent and Trademark Office (USPTO) introduced a new pilot program for holding Final Pretrial Conferences (FPC) in certain inter partes disputes (i.e., oppositions and cancellations) before the Trademark Trial and Appeal Board (TTAB). The goal…
Supreme Court Considers the Reach of the Lanham Act Outside of United States
The United States Supreme Court heard arguments on Tuesday, March 21, 2023, on the international limitations, if any, of the Lanham Act. In Abitron Austria GmbH, et al., v. Hetronic International, Inc. (No. 21-1043), the Court heard arguments not only…
A Later-Filed Unattacked Registration Establishes Priority in Board Proceedings
In a precedential decision, The Trademark Trial and Appeal Board (“TTAB”) refused to reconsider its decision sustaining an opposition to registration of the mark “LOVETTE” on the basis of likelihood of confusion with the mark “NNENNA LOVETTE.” Nkanginieme v. Appleton…