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Trademark Registration › Generic › Appeals

McDermott Will & Schulte

No Bull: Historically Generic Term Can Become Non-Generic

McDermott Will & Schulte on

The US Court of Appeals for the Federal Circuit affirmed Trademark Trial & Appeal Board rulings, finding that a previously generic term was not generic at the time registration was sought because at that time the mark, as...more

Fox Rothschild LLP

Selection Of Federal Circuit Review Of A TTAB Decision Does Not Bar District Court Review Of A Later TTAB Decision Issued In The...

Fox Rothschild LLP on

On March 17, 2021, in a matter of first impression, the United States Court of Appeals for the Fourth Circuit held a party appealing a decision of the United States Trademark Trial and Appeal Board (“TTAB”) may seek review of...more

ArentFox Schiff

Court Holds that TTAB Appellant Gets Only One Bite at the Apple When Selecting Forum for Appeal

ArentFox Schiff on

The loser of a trademark opposition or cancellation proceeding at the United States Trademark Trial and Appeal Board (TTAB) has two avenues for appealing the decision: (1) to the United States Court of Appeals for the Federal...more

International Lawyers Network

Federal Circuit Reminds Us That Extrinsic Considerations Are Narrowly Construed in Trademark Matters

International Lawyers Network on

2018 saw a number of important trademark cases decided across the United States. Two cases illustrated the similarities between genericness analysis and one of the likelihood of confusion factors considered by the Trademark...more

Akerman LLP - Marks, Works & Secrets

No Twist on Pretzel Crisps on Remand

Akerman LLP - Marks, Works & Secrets on

In a 54 page decision issued on September 6, 2017, the Trademark Trial and Appeal Board (the “Board”) ended (again) a long-standing dispute between snack food makers Frito-Lay, Inc. (“Frito”) and Princeton Vanguard, LLC...more

Knobbe Martens

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

Knobbe Martens on

On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

McDermott Will & Schulte

“Churrascos” Is Generic for Restaurant Services

McDermott Will & Schulte on

On appeal from the Trademark Trial and Appeal Board (TTAB), the US Court of Appeals for the Federal Circuit affirmed the TTAB’s refusal to register a stylized form of the mark CHURRASCOS for restaurant services, finding that...more

Katten Muchin Rosenman LLP

The Katten Kattwalk - Issue 08

Katten Muchin Rosenman LLP on

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Letter From the Editor - Fashion Week has come and...more

McDermott Will & Emery

Two Generics Can Make a Mark - Princeton Vanguard, LLC v. Frito-Lay North America, Inc.

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The U. S. Court of Appeals for the Federal Circuit vacated and remanded for further proceedings the decision of the Trademark Trial and Appeal Board (TTAB or Board) cancelling the registration of the mark PRETZEL CRISPS,...more

Sheppard Mullin Richter & Hampton LLP

Summary of Recent Precedential Trademark Trial and Appeal Board Decisions

Sheppard Mullin Richter & Hampton LLP on

In the past two months, the Trademark Trial and Appeal Board has issued three opinions citable as Board precedent. The following is a brief summary of each opinion and its precedential impact....more

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