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Merely Descriptive Trademark Litigation

Fish & Richardson

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

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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

Ladas & Parry LLP

Although Healthy Hemp May do Many Things, It Does Not Function As a Trademark

Ladas & Parry LLP on

In a non-precedential decision in In re French Meadow Organic Bakery LLC, Serial No 86243820 (February 4 2016), the Trademark Trial and Appeal Board (TTAB) held that HEALTHY HEMP was merely descriptive of “bakery goods;...more

Knobbe Martens

Trademark Review - Intelligent Quartz, Lakota, and Clorotek (January 2014)

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The District Court Finds the TTAB Erred in Refusing to Register INTELLIGENT QUARTZ for Watches - The USPTO refused an application by Timex to register the mark INTELLIGENT QUARTZ for watches on the basis that the mark...more

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