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Trademark Litigation › Trademark Trial and Appeal Board › Statutory Interpretation

McDermott Will & Schulte

When is a word too common to trademark? Asking for a four-letter friend

McDermott Will & Schulte on

In response to artist and entrepreneur Erik Brunetti’s ongoing efforts to register FUCK as a trademark for various goods and services, the US Court of Appeals for the Federal Circuit vacated the Trademark Trial & Appeal...more

Farella Braun + Martel LLP

New TTAB Precedent Prohibits Incorporation By Reference

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In a precedential decision issued June 6, 2025, the Trademark Trial and Appeal Board (TTAB) confirmed what has long been suggested in its procedural manual: Appellants in ex parte appeals may not incorporate arguments from...more

McDermott Will & Schulte

No Fairytale Ending for Consumer Opposition: RAPUNZEL Reinforces Lexmark Standing Limits

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s dismissal of a trademark opposition brought by a consumer, holding that mere consumer interest is insufficient to establish...more

McDermott Will & Schulte

False Connection: Post-Application Date Evidence Can Be Considered

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The US Court of Appeals for the Federal Circuit affirmed the Trademark Trial & Appeal Board’s refusal to register a mark on the grounds of false connection, explaining that the false connection inquiry can include evidence...more

Fish & Richardson

No Space at the Trademark Office for US SPACE FORCE

Fish & Richardson on

In a rare precedential decision involving Section 2(a) of the Lanham Act, the U.S. Court of Appeals for the Federal Circuit recently upheld a denial by the Trademark Trial and Appeal Board (TTAB) of applications filed for US...more

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