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.
All 28 industries
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121–144 of 178 decisions · newest first · page 6 of 8
In re United Trademark Holdings, Inc.
The Board refused to register LITTLE MERMAID for dolls, agreeing the name evokes the famous fairy-tale character but holding that because the character is in the public domain (not owned by…
86836082 · 2017-06-13 · LITTLE MERMAID
In re Well Living Lab Inc.
The Board refused registration of WELL LIVING LAB for scientific research, product testing, and accreditation services focused on health and wellness in indoor environments, finding the…
86440401 · 2017-06-07 · WELL LIVING LAB
In re University of Miami
The University of Miami won its appeal: the Board reversed both refusals and allowed its ibis mascot design mark (an ibis wearing a hat and sweater) to proceed toward registration in…
86616382 · 2017-06-06 · Design mark -- ibis wearing a hat and a sweater (university mascot 'Sebastian the Ibis'; color not claimed)
In re Construction Research & Technology GmbH
The Board affirmed the refusal to register NP - - - for joint sealant compounds because the trailing dashes stand in for up to three changing digits, so the application really tried to…
86433989 · 2017-05-17 · NP - - -
In re Construction Research & Technology GmbH
The Board affirmed the refusal to register SL - - - for joint sealant compounds because the trailing dashes stand in for up to three changing digits, so the application really tried to…
86434029 · 2017-05-17 · SL - - -
Registration refused
In re USA Warriors Ice Hockey Program, Inc.
The Board found that USA WARRIORS ICE HOCKEY NONE TOUGHER & design, for ice hockey programs for injured and disabled members and veterans, is too similar to the registered USA HOCKEY &…
86489116 · 2017-05-16 · USA WARRIORS ICE HOCKEY NONE TOUGHER and design [The mark consists of the wording "USA WARRIORS ICE HOCKEY NONE TOUGHER" and a design. The wording "USA WARRIORS ICE HOCKEY" appears inside the outline of a rectangle. The wording "USA" in a stylized font, with two stripes appearing below the "US", and a five-pointed star appearing inside the "A", creating the impression of a waving flag. Below the rectangle appears the design of a shield with a five-point star inside. Inside the star appears a sled hockey player, lying on a sled and holding a hockey stick in each hand. The hockey player is wearing a jersey with "USA" appearing in the same stylization as above. The wording "NONE TOUGHER" appears in the shield below the star.] ("USA" and "Ice Hockey" disclaimed; color not claimed) v. USA HOCKEY and design (two registrations owned by the same entity; "Hockey" disclaimed; "USA" registered under Section 2(f) in Reg. No. 2739877)
Registration refused on the main register
In re Beds & Bars Limited
The Board ruled that BELUSHI’S for bars, restaurants, hotels, hostels and travel services is primarily just a surname, because even though only five people in the U.S. are named Belushi…
85597669 · 2017-05-05 · BELUSHI'S
In re Tapco International Corporation
The Board refused Tapco’s application to register KLEER ADHESIVES for PVC construction adhesives that dry opaque or color-matched, finding the name deceptive because KLEER sounds like…
86075950 · 2017-04-28 · KLEER ADHESIVES
In re Tapco International Corporation
The Board let Tapco’s application for KLEER MOULDINGS move forward for cellular PVC trim and mouldings, finding that even though KLEER sounds like “clear,” there was no evidence buyers…
86078755 · 2017-04-28 · KLEER MOULDINGS
In re Tapco International Corporation
The Board let Tapco’s application for KLEER TRIMBOARD move forward for cellular PVC lumber and exterior trim (fascia, soffits, corner boards and the like), finding that even though KLEER…
86079474 · 2017-04-28 · KLEER TRIMBOARD
Refusal upheld
In re Shabby Chic Brands, LLC
The Board found Shabby Chic’s ornate feathered-crown logo to be a close simulation of the Prince of Wales' royal emblem, and U.S. law bars registering a mark that imitates a foreign…
85135970 · 2017-03-31 · Ornate feathered crown design with SC initials (design mark)
In re Emergency Alert Solutions Group, LLC
The Board split its ruling: it upheld the refusal to register LOCKDOWN ALARM for school and building safety-training services because the term is commonly used to name a type of emergency…
86890565 · 2017-03-30 · LOCKDOWN ALARM
Refusal affirmed
In re Calphalon Corp.
The Board found SHARPIN for knife blocks with built-in automatic sharpeners merely descriptive because it is the phonetic equivalent of ‘sharpen’ and immediately describes the products'…
86356713 · 2017-03-20 · SHARPIN (standard characters); Applicant amended the drawing during prosecution to render it as "SharpIN," but the Board held the amendment did not change the mark from standard character to special form
In re Family Emergency Room LLC
The Board upheld a refusal to register a hospital’s logo mark (featuring stylized wording plus a white cross on a red field) because the cross-on-red-field design was found too similar to…
86709923 · 2017-03-14 · Design mark consisting of a white cross on a red field with red diagonal lines on the left edge of the field, and the stylized wording CEDAR PARK FAMILY EMERGENCY ROOM (CEDAR PARK FAMILY EMERGENCY ROOM disclaimed); colors white, red, and gray claimed as a feature of the mark
Refusal upheld
In re Kohr Brothers, Inc.
The envelope-sized CONEY ISLAND BOARDWALK CUSTARD sign hung inside Kohr Brothers' boardwalk stand next to the business license did not function as a point-of-sale display for the frozen…
85430114 · 2017-02-09 · CONEY ISLAND BOARDWALK CUSTARD (standard characters; CONEY ISLAND and CUSTARD disclaimed)
In re LC Trademarks, Inc.
The Board refused registration of DEEP!DEEP! DISH PIZZA for pizza, finding the phrase merely describes deep dish pizza with emphasis and that Little Caesars' licensing company failed to…
85890412 · 2016-12-29 · DEEP!DEEP! DISH PIZZA
Refusal affirmed
In re Adlon Brand GmbH & Co. KG
The Board held ADLON for alcoholic beverages and hotel, entertainment and spa services is primarily merely a surname, finding that even a rare surname is unregistrable where the record…
85831682 · 2016-11-23 · ADLON (standard characters)
Registration refused
In re JJ206, LLC dba JuJu Joints
The Board found that JUJU JOINTS for marijuana vaporizers cannot be registered because the goods are illegal drug paraphernalia under federal law, and state marijuana legalization does not…
86236122 · 2016-10-27 · JUJU JOINTS
Registration refused
In re JJ206, LLC dba JuJu Joints
The Board found that POWERED BY JUJU for cannabis vaporizers cannot be registered because the goods are illegal drug paraphernalia under federal law, and state marijuana legalization does…
86474701 · 2016-10-27 · POWERED BY JUJU
In re Integrated Embedded (d/b/a Barr Group)
The USPTO’s refusal to register the name BARR GROUP for IT training, engineering, and expert witness services was upheld because (1) BARR GROUP is perceived primarily as a surname (the…
86140341 · 2016-09-27 · BARR GROUP (standard characters; GROUP disclaimed) v. BARR
In re Eximius Coffee, LLC
The Trademark Trial and Appeal Board upheld the refusal to register the mark ALDECOA on the Principal Register for coffee products, finding that consumers would primarily perceive ALDECOA…
86262060 · 2016-09-27 · ALDECOA
Registration refused
In re Fantasia Distribution, Inc.
The Board found that a repeating diamond pattern on electronic hookahs is merely ornamental and does not function as a trademark, and Fantasia Distribution’s evidence was insufficient to…
86185623 · 2016-09-21 · Repeating diamond pattern (rows of diamonds on lower third of e-hookah cylinder)
In re Morinaga Nyugyo Kabushiki Kaisha
The Trademark Trial and Appeal Board reached a split result for the MT. RAINIER THE MOUNTAIN OF SEATTLE ESPRESSO & MILK and design mark for espresso and milk beverages: the Board upheld the…
86338392 · 2016-09-08 · MT. RAINIER THE MOUNTAIN OF SEATTLE ESPRESSO & MILK and design v. MOUNT RAINIER COFFEE COMPANY
In re Heather Harley and Carolyn Jones
The Board refused registration of HEMP HOME HEALTH for home health care services because the applicants' appeal never addressed the actual descriptiveness-based refusals and an unanswered…
86409857 · 2016-08-24 · HEMP HOME HEALTH (standard characters; HOME HEALTH disclaimed)
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