Research library · Decisions
The decision library
178 Board decisions, each coded to a fixed schema and rewritten so a non-lawyer can follow it. The outcome is on every card, so you can rule one out without opening it. Every record also says whether its own Board docket has been checked for a later reversal or vacatur — 25 have not been, and they say so. A docket check does not show whether later cases changed the law.
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73–96 of 178 decisions · newest first · page 4 of 8
In re OEP Enterprises, Inc.
The Board refused to register the shape of a two-tier mesh-canopy umbrella as a trademark: the company’s own expired utility patent showed the design is functional (it vents wind), and its…
87345596 · 2019-08-19 · Product configuration mark: "a three-dimensional configuration of the goods, in the form of an umbrella with a two-tiered canopy, wherein the inner canopy consists mostly of mesh. The umbrella also has a handle, shaft, runner and ribs." Color is not claimed as a feature of the mark; the application drawing contains no broken lines.
In re Twenty-Two Desserts, LLC
The Trademark Trial and Appeal Board refused to register the mark MALAI on the Supplemental Register for ice cream and frozen desserts because the word ‘malai’ — though originally a Hindi…
86586833 · 2019-08-06 · MALAI
In re National Association of Veterinary Technicians in America, Inc.
The Board refused to register VETERINARY TECHNICIAN SPECIALIST as a certification mark for veterinary medicine services because the phrase simply describes a veterinary technician who…
87171093 · 2019-07-19 · VETERINARY TECHNICIAN SPECIALIST
In re Yarnell Ice Cream, LLC
The Board upheld the refusal to register SCOOP for ice cream and frozen confections promoted by a costumed mascot, finding SCOOP merely describes a typical ice cream serving/portion size…
86824279 · 2019-07-09 · SCOOP (standard characters)
In re Katch, LLC
The USPTO’s refusal of HEALTHPLANS.COM for health insurance lead-generation and advertising services (Class 35) was upheld because the Board found that consumers would recognize the term as…
86301765 · 2019-06-20 · HEALTHPLANS.COM
Registration refused
In re The Cardio Group, LLC
The Board found that The Cardio Group’s proof-of-use documents (a patient pulse-wave report webpage, a confidential sales agreement, and a sales invoice) showed only sales of medical…
86840860 · 2019-06-20 · THE CARDIO GROUP and design
Refusal upheld
In re TracFone Wireless, Inc.
The Board ruled that UNLIMITED CARRYOVER, as it appeared on TracFone’s specimen, would be seen by consumers as an informational description of a wireless-plan feature (carrying over unused…
87221529 · 2019-06-10 · UNLIMITED CARRYOVER
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
After the Federal Circuit sent the case back, the Board let The Coca-Cola Company amend its COCA-COLA ZERO application (Serial No. 78580598) to disclaim any exclusive right in the word ZERO…
Opposition No. 91178927 · 2019-05-03 · COCA-COLA ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its SPRITE ZERO application (Serial No. 78316078) to disclaim the word ZERO — the only…
Opposition No. 91180771 · 2019-05-03 · SPRITE ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its COKE ZERO application (Serial No. 78664176) to disclaim the word ZERO — the only…
Opposition No. 91180772 · 2019-05-03 · COKE ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its six opposed applications — COKE CHERRY ZERO, CHERRY COCA-COLA ZERO, COCA-COLA…
Opposition No. 91183482 · 2019-05-03 · COKE CHERRY ZERO;CHERRY COCA-COLA ZERO;COCA-COLA VANILLA ZERO;CHERRY COKE ZERO;COCA-COLA CHERRY ZERO;PIBB ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its three opposed applications — COKE ZERO ENERGY, COKE ZERO BOLD, and VANILLA COKE…
Opposition No. 91185755 · 2019-05-03 · COKE ZERO ENERGY;COKE ZERO BOLD;VANILLA COKE ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its three opposed applications — VANILLA COCA-COLA ZERO, POWERADE ZERO, and FANTA ZERO…
Opposition No. 91186579 · 2019-05-03 · VANILLA COCA-COLA ZERO;POWERADE ZERO;FANTA ZERO
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. v. The Coca-Cola Company
In this consolidated proceeding the Board granted The Coca-Cola Company’s unconsented motion to amend its VAULT ZERO application (Serial No. 78698990) to disclaim the word ZERO — the only…
Opposition No. 91190658 · 2019-05-03 · VAULT ZERO
In re Hikari Sales USA, Inc.
The Trademark Trial and Appeal Board upheld the refusal to register ALGAE WAFERS for fish food, finding the term is a common name for a type of fish food (wafer-shaped food containing algae…
86439012 · 2019-03-29 · ALGAE WAFERS
In re Virtual Independent Paralegals, LLC
Registration refused - the Board found that VIRTUAL INDEPENDENT PARALEGALS is simply the generic name for a class of paralegals who work remotely without attorney supervision, so it cannot…
86947786 · 2019-03-27 · VIRTUAL INDEPENDENT PARALEGALS
In re Broken Arrow Beef and Provision, LLC
The Board reversed the refusal of BA BEEF for meats and other foods: the government failed to prove that consumers across the country generally recognize ‘BA’ as meaning Broken Arrow…
87334198 · 2019-02-22 · BA BEEF (standard characters; "BEEF" disclaimed)
Registration refused
In re Wal-Mart Stores, Inc.
The Board found that INVESTING IN AMERICAN JOBS for retail store and promotional services is merely an informational phrase widely used by businesses, government, and media to express…
86261962 · 2019-01-11 · INVESTING IN AMERICAN JOBS
In re SnoWizard, Inc.
The Board refused to register the shape of a snowball vendor’s concession trailer (a snow-capped roof topped with a snowball and cup, plus the word SNOBALLS) as a trademark, because the…
87134847 · 2018-12-21 · Three-dimensional configuration mark: a snow-capped roof with the word "SNOBALLS," a snowball and associated beverage container positioned on top of a concession trailer for snowball vendors (color not claimed; broken/dotted lines not part of the mark, showing position/placement only); sought under Section 2(f)
In re American Cruise Lines, Inc.
The Board allowed AMERICAN CONSTELLATION to proceed to registration for cruise ship services over the cited marks CONSTELLATION and CELEBRITY CONSTELLATION, finding that even though the…
87040022 · 2018-10-03 · AMERICAN CONSTELLATION v. CONSTELLATION;CELEBRITY CONSTELLATION
Refusal upheld
In re S. Malhotra & Co. AG
GÁMOS is the Greek word for wedding, so for wedding jewelry it simply describes the goods; translating a descriptive English word into Greek does not make it registrable.
79194076 · 2018-09-27 · GÁMOS
Refusal upheld
In re S. Malhotra & Co. AG
The Greek-character mark ΓΑΜΟΣ (wedding) merely describes wedding jewelry, on the same reasoning as the companion GÁMOS application decided in the same opinion.
79194077 · 2018-09-27 · ΓΑΜΟΣ (Greek characters)
In re FabFitFun, Inc.
The Board reversed a refusal to register I’M SMOKING HOT for cosmetics and personal care products, finding that even though the goods overlap with a prior registration for SMOKIN' HOT SHOW…
86847381 · 2018-08-23 · I'M SMOKING HOT v. SMOKIN' HOT SHOW TIME
In re i.am.symbolic, llc
The Board refused registration of #WILLPOWER, the clothing mark of will.i.am’s company, finding it likely to be confused with a registered mountain-logo mark featuring WILLPOWER WEAR and…
85916778 · 2018-08-16 · #WILLPOWER v. WILLPOWER WEAR Have the will... (stylized wording with design of two offset, identical mountain peaks)
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