The decision library

Major League Baseball Players Association and Aaron Judge v. Michael P. Chisena

The Board sustained the MLBPA’s and Aaron Judge’s joint opposition and refused registration of Michael Chisena’s gavel-and-scales-of-justice-over-baseball-field design mark for t-shirts and…

Opposition No. 91243244 · 2023-04-12 · Design mark: a gavel and the scales of justice, each end supporting a baseball, superimposed over the outline of a baseball field (Serial No. 87643089) v. Common-law judicial symbols and terminology -- gavel, courthouse and scales-of-justice designs with JUDGE, HERE COMES THE JUDGE and ALL RISE -- used on licensed Aaron Judge apparel

In re Lizzo LLC

The Board reversed the failure-to-function refusal of 100% THAT BITCH for Lizzo LLC’s shirts, jackets, headwear and other clothing, finding that consumers would perceive the phrase - which…

88466264 · 2023-02-02 · 100% THAT BITCH (standard characters)

In re Lizzo LLC

The Board reversed the failure-to-function refusal of 100% THAT BITCH for Lizzo LLC’s t-shirts in this use-based companion application, finding on an essentially identical record that…

88466281 · 2023-02-02 · 100% THAT BITCH (standard characters)

Petition dismissed with leave to replead

Ahal Al-Sara Group for Trading v. American Flash, Inc.

The Board granted American Flash’s motion to dismiss because Ahal Al-Sara did not adequately plead its entitlement to bring the case or a legally sufficient fraud claim, but held the…

Cancellation No. 92079775 · 2023-01-23 · AMERICAN FLASH THE ORIGINAL MADE IN USA and design (Reg. No. 3103165; mark consists of Red Banner background with the words 'American' and 'Flash' in WHITE, 'The Original' in RED, and 'Made in USA' in BLUE outline with WHITE filling; colors red, white and blue claimed; 'Made in USA' and 'American' disclaimed) v. FIGHTER FLASH (composite word-and-design mark; Petitioner's pleaded Saudi Arabian Trademark Application/Registration Nos. 142902232 and 142802063, no U.S. registration or application pleaded)

In re Advanced New Technologies Co., Ltd.

The Board refused registration of ZHIMA because the applicant would not add a required statement translating the word (evidence showed ZHIMA is the Chinese word for ‘sesame,’ used across…

86832288 · 2023-01-12 · ZHIMA

Summary judgment denied

Kimberley Kampers IP Pty Ltd v. Safiery Pty Ltd

The Board refused to cancel Safiery’s KIMBERLEY KAMPERS registration for campers on the papers, finding the ownership evidence inconclusive and the abandonment claim premature because the…

Cancellation No. 92074422 · 2022-11-02 · KIMBERLEY KAMPERS (standard characters; Respondent's Reg. No. 5584926, registered October 16, 2018, disclaiming CAMPERS) v. KIMBERLEY KAMPERS (standard characters; Petitioner's pleaded Application Serial No. 88952753)

In re Erik Brunetti

The Board affirmed the refusal to register FUCK (standard characters) for cell phone and laptop carrying cases, eyewear cases, spectacles and sunglasses, finding the word is such a…

88308426 · 2022-08-22 · FUCK (standard characters)

In re Erik Brunetti

The Board affirmed the refusal to register FUCK (standard characters) for jewelry, earrings, rings, bracelets, lapel pins, watches and watch accessories, finding that widespread third-party…

88308434 · 2022-08-22 · FUCK (standard characters)

In re Erik Brunetti

The Board affirmed the refusal to register FUCK (standard characters) for backpacks, tote bags, fanny packs, luggage, sport bags and wallets, finding the marketplace awash in third-party…

88308451 · 2022-08-22 · FUCK (standard characters)

In re Erik Brunetti

The Board affirmed the refusal to register FUCK (standard characters) for retail store, online retail, consumer product advice, advertising and promotion services, finding that because…

88310900 · 2022-08-22 · FUCK (standard characters)

Refusal upheld

In re Zuma Array Limited

SMART BEZEL merely describes Zuma Array’s electronic sensor modules, which the company’s own website presents as smart bezels, so the wording cannot be registered as a brand.

79288888 · 2022-08-09 · SMART BEZEL

In re County of Orange

The Board refused Orange County, California’s circular emblem (mountain, field and three oranges) for its government services: federal law flatly bars registering the insignia of any…

87419378 · 2022-08-04 · The "Circular Mark" (design mark): "a circle surrounding the words 'COUNTY OF ORANGE' on the top and 'CALIFORNIA' on the bottom with an image of a mountain, a field and three oranges set in the middle"; color not claimed; "COUNTY OF ORANGE CALIFORNIA" disclaimed

In re County of Orange

The Board likewise refused the County’s park ranger badge design: because the badge contains the County’s circular insignia in its entirety, the same federal bar on registering municipal…

87639750 · 2022-08-04 · The "Badge Mark" (design mark): "a circle with the image of three oranges in front of an orange grove and snow-covered mountains with the words 'COUNTY OF ORANGE' in an arc above the circle and the word 'CALIFORNIA' below the circle. Above the circle in a banner are the words 'PARK RANGER' and below the circle are the words 'PARKS-BEACHES' inside of a banner. All of the aforementioned is inside of a badge shape with the encompassed wording and design superimposed over a half wreath. Inside of the bottom of the shield shape is a geometric shape and at the top of the shield shape are multiple connected quadrilaterals"; color not claimed; "PARK RANGER PARKS-BEACHES COUNTY OF ORANGE CALIFORNIA" disclaimed; the Badge Mark incorporates the Circular Mark of Serial No. 87419378 in its entirety

Made in Nature, LLC v. Pharmavite LLC

The Board sustained Made in Nature’s opposition and refused registration of Pharmavite’s NATURE MADE mark for Class 30 foods such as cereal bars, grain-based food bars, crackers, bakery…

Opposition No. 91223352 · 2022-06-15 · NATURE MADE (standard characters) v. MADE IN NATURE (standard characters and design forms); ORGANIC MADE IN NATURE (13 registrations, plus common-law MADE IN NATURE rights)

Made in Nature, LLC v. Pharmavite LLC

The Board sustained Made in Nature’s opposition and refused registration of Pharmavite’s NATURE MADE mark for Class 29 foods such as soy-based food bars, fruit-based meal replacement bars…

Opposition No. 91223683 · 2022-06-15 · NATURE MADE (standard characters) v. MADE IN NATURE (standard characters and design forms); ORGANIC MADE IN NATURE (13 registrations, plus common-law MADE IN NATURE rights)

Made in Nature, LLC v. Pharmavite LLC

The Board sustained Made in Nature’s opposition and refused registration of Pharmavite’s NATURE MADE mark for Class 32 beverages such as nutritional-supplement energy drinks, vitamin and…

Opposition No. 91227387 · 2022-06-15 · NATURE MADE (standard characters) v. MADE IN NATURE (standard characters and design forms); ORGANIC MADE IN NATURE (13 registrations, plus common-law MADE IN NATURE rights)

In re Chestek PLLC

The Board affirmed the refusal to register CHESTEK LEGAL for legal services because the applicant law firm gave only a post office box instead of the required domicile street address…

88938938 · 2022-03-30 · CHESTEK LEGAL (standard characters; LEGAL disclaimed)

In re Integra Biosciences Corp.

The Board refused to register the pastel blue color of pipette-tip rack inserts as a trademark: lab suppliers commonly color-code tip sizes, so the color is not inherently a brand, buyers…

Application Serial No. 87484450 · 2022-01-24 · Pastel Blue single-color mark - the color pastel blue, defined as Pantone number 550C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel blue alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel blue claimed as a feature of the mark

In re Integra Biosciences Corp.

The Board refused the pastel green rack-insert color on the same grounds as the companion colors: color-coding pipette tip sizes is a common, functional industry practice, not a source…

Application Serial No. 87484519 · 2022-01-24 · Pastel Green single-color mark - the color pastel green, defined as Pantone number 622C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel green alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel green claimed as a feature of the mark

In re Integra Biosciences Corp.

The Board refused the pastel orange rack-insert color on the same grounds as the companion colors: color-coding pipette tip sizes is a common, functional industry practice, not a source…

Application Serial No. 87484584 · 2022-01-24 · Pastel Orange single-color mark - the color pastel orange, defined as Pantone number 1565C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel orange alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel orange claimed as a feature of the mark

In re Integra Biosciences Corp.

The Board refused the pastel purple rack-insert color on the same grounds as the companion colors: color-coding pipette tip sizes is a common, functional industry practice, not a source…

Application Serial No. 87484617 · 2022-01-24 · Pastel Purple single-color mark - the color pastel purple, defined as Pantone number 522C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel purple alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel purple claimed as a feature of the mark

In re Integra Biosciences Corp.

The Board refused the pastel yellow rack-insert color on the same grounds as the companion colors: color-coding pipette tip sizes is a common, functional industry practice, not a source…

Application Serial No. 87484658 · 2022-01-24 · Pastel Yellow single-color mark - the color pastel yellow, defined as Pantone number 7403C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel yellow alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel yellow claimed as a feature of the mark

In re Dimarzio, Inc.

The Board upheld the refusal to register the color cream, applied to the entire surface of an electronic guitar pickup, because the applicant failed to prove that consumers have come to see…

87213400 · 2021-12-03 · the color cream (single-color mark; description: "the distinctive color cream applied to the entire surface of the goods, which are a three-dimensional configuration of an electronic sound pickup for guitars featuring a double coil design. The broken lines depicting the overall shapes of the pickup, indicating placement of the mark on the goods and are not part of the mark.")

Registration refused

In re International Watchman, Inc.

The Board found that NATO for tents and canopies in Class 22 falsely suggests a connection with the North Atlantic Treaty Organization under Section 2(a), as all four prongs of the false…

87302907 · 2021-11-30