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The TTAB: Service Mark Use Requires More Than Just Preparation

On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the trademark...more

Be Precise When Expressly Abandoning A Trademark Application Or Face The Consequences

In a recent precedential decision, the Trademark Trial and Appeal Board (“TTAB”) cautioned practitioners to be careful what they ask for and to draft their filings accordingly. On September 8, 2021, the TTAB denied...more

USPTO Issues Warning To U.S. Attorneys Not To Aid Others In Circumventing The U.S. Counsel Rule

Yesterday, the USPTO issued an alert regarding emails that U.S. attorneys have been receiving from unlicensed persons offering to pay attorneys in exchange for use of the attorneys’ bar credentials in trademark filings. The...more

The TTAB Continues Its Recent Trend Of Failure-To-Function Refusals

On December 1, 2020, the TTAB continued its recent trend of decisions refusing to register marks on the ground of failure-to-function. In another precedential decision, the TTAB refused Applicant Lee Greenwood’s (“Greenwood”)...more

The TTAB Revisits The Doctrine Of Foreign Equivalents

In the recent decision In re Hop Daddy LLC (Serial No. 88175921), the TTAB reexamined the contours of the doctrine of foreign equivalents. The USPTO refused Hop Daddy’s application to register the mark SALTY BULL BREWING &...more

The TTAB Finds The Mark GUARANTEED RATE Too Descriptive For Registration In The Absence Of Survey Evidence

On July 30, 2020, the U.S. Trademark Trial and Appeal Board (TTAB) issued a precedential decision holding, in effect, that the mark GUARANTEED RATE is too common for registration in the absence of a consumer survey showing...more

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