News & Analysis as of

Merely Descriptive Trademark Application

Fish & Richardson

Trademark Office Error Saves One Application From Drowning, But Not Its Shipmate

Fish & Richardson on

In a rare case involving an admitted error by the U.S. Patent and Trademark Office, on February 20, 2025, the U.S. Court of Appeals for the Federal Circuit upheld the denial of Agadia Systems Inc.’s application for...more

McDermott Will & Emery

Word From on High: Provide Reasoned Explanation When Departing From Established Practice

McDermott Will & Emery on

In a decision on motion in an appeal from the Trademark Trial & Appeal Board, the US Court of Appeals for the Federal Circuit admonished the Board on remand to “furnish a reasoned explanation” when departing from its...more

Knobbe Martens

The Battle of Brooklyn: Lack of Concrete Injury and Prior Collaboration Doom TTAB Actions

Knobbe Martens on

BROOKLYN BREWERY CORPORATION V. BROOKLYN BREW SHOP, LLC - Before Judges Dyk, O’Malley, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: A challenger must demonstrate an injury in fact to have...more

Jones Day

ZEROing In On Genericness: Federal Circuit Vacates Decision Finding ZERO Registrable

Jones Day on

The Decision: The Federal Circuit vacated the Trademark Trial and Appeal Board's determination that "ZERO" is not generic and has acquired distinctiveness, and remanded. The Reasoning: The Board erroneously framed the...more

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