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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145–168 of 178 decisions · newest first · page 7 of 8
In re Morgan Brown
The Board refused registration of HERBAL ACCESS for retail store services featuring herbs because the store’s own specimen photographs and website showed it sells marijuana, and selling…
86362968 · 2016-07-14 · HERBAL ACCESS v. None -- unlawful use refusal under Trademark Act Sections 1 and 45; no registration was cited.
Refusal affirmed
In re Loggerhead Tools, LLC
The Board found Loggerhead’s animated motion mark showing its six-jaw ‘Bionic Wrench’ gripping motion to be functional product design that cannot be registered for hand tools, because the…
85700986 · 2016-06-30 · Motion mark depicting the product configuration of a hand tool in which six rectangular-shaped jaw-like elements of the circular head of a hand tool radially move in and out, symmetrically converging and diverging in a mechanical iris-type motion (broken/dotted lines not part of the mark, showing position/placement only)
In re WAY Media, Inc.
The USPTO’s refusal to register the mark WORLD’S BIGGEST SMALL GROUP for radio and internet broadcasting services (Class 38) was upheld because none of the 18 pages of website and YouTube…
86325739 · 2016-06-03 · WORLD'S BIGGEST SMALL GROUP
Refusal upheld for the online-community services
In re Florists' Transworld Delivery, Inc.
FTD’s Twitter screenshots showed it promoting its flower-delivery business on Twitter’s platform rather than FTD itself providing an online community under the SAY IT YOUR WAY mark, so that…
85164876 · 2016-05-11 · SAY IT YOUR WAY
Refusal affirmed on both grounds
In re Fat Boys Water Sports LLC
The Board found HOUSEBOAT BLOB for inflatable water-launch float pads merely descriptive (each word keeps its ordinary meaning in combination) and separately too similar to the registered…
86490930 · 2016-04-27 · HOUSEBOAT BLOB (standard characters; BLOB disclaimed) v. THE BLOB (standard characters)
In re Highlights for Children, Inc.
The Board refused Highlights for Children’s application to register IMÁGENES ESCONDIDAS (Spanish for “hidden pictures”) for children’s books and magazines, finding the phrase simply…
85838981 · 2016-03-21 · IMÁGENES ESCONDIDAS
Refusals affirmed for both applications
In re Mr. Recipe, LLC
The Board blocked Mr. Recipe’s JAWS mark for an internet channel streaming cooking programs because it is identical to the famous registered JAWS mark for motion-picture video recordings…
86040643 and 86040656 · 2016-03-18 · JAWS v. JAWS
Refusal upheld
In re Mr. Recipe, LLC
JAWS DEVOUR YOUR HUNGER for a cooking-video streaming channel was blocked by the famous JAWS movie mark, which dominates the slogan as its first word while DEVOUR YOUR HUNGER only…
86040656 · 2016-03-18 · JAWS DEVOUR YOUR HUNGER v. JAWS
Refusal affirmed
In re Bay State Brewing Company, Inc.
The Board found TIME TRAVELER BLONDE for beer too similar to the registered mark TIME TRAVELER for beer, ale and lager, and held that the parties' consent agreement did not outweigh…
85826258 · 2016-02-25 · TIME TRAVELER BLONDE (standard characters, BLONDE disclaimed) v. TIME TRAVELER (standard characters)
Refusal upheld
In re i.am.symbolic, llc
The Board found that I AM for cosmetics and personal care products is too similar to the already-registered I AM for perfume, and ruled that adding the phrase 'associated with William…
85044494 · 2015-10-07 · I AM v. I AM
Refusal upheld
In re Heatcon, Inc.
The control-panel configuration of Heatcon’s composite-repair hot bonder was found dictated by function rather than source identity, and functional product shapes cannot be registered even…
85281360 · 2015-09-29 · 3D product configuration of HCS9200M Composite Repair Set user interface
Refusal upheld
In re Cannon Safe, Inc.
SMART SERIES merely describes a product line of gun safes with microprocessor-controlled ‘smart’ locking, so the wording cannot be registered as a brand.
85651960 · 2015-09-24 · SMART SERIES (standard characters)
Refusal affirmed
In re C. H. Hanson Company
The Board found that C.H. HANSON for hand tools (pliers, snips, squares, chalk line reels and sharpening tools) is too similar to the already-registered mark HANSON for wrenches and…
77983232 · 2015-09-23 · C.H. HANSON v. HANSON
Refusal affirmed
In re Christopher C. Hinton
The Board found THCTea for tea-based beverages deceptively misdescriptive because consumers would plausibly believe the beverages contain THC, the psychoactive ingredient of marijuana, and…
85713080 · 2015-09-14 · THCTea (standard characters)
Refusal reversed
In re Allegiance Staffing
ALLEGIANCE STAFFING may register over ALLEGIS for identical staffing services because the familiar word ALLEGIANCE is readily distinguished from the coined term ALLEGIS, and the applicant’s…
85663950 · 2015-07-09 · ALLEGIANCE STAFFING v. ALLEGIS
Refusal affirmed
In re Driven Innovations, Inc.
The Board found that DOTBLOG for providing specific information as requested by customers via the Internet is merely descriptive under Section 2(e)(1), because DOT is the standard…
77073701 · 2015-06-30 · DOTBLOG
In re Aquamar, Inc.
The Board refused registration of MARAZUL for frozen and fresh processed fish, seafood, and imitation crab meat, finding that because “marazul” means “blue sea” in Spanish it is likely to…
85861533 · 2015-06-25 · MARAZUL v. BLUE SEA
In re Aloe Bioscience, LLC
Genericness refusal REVERSED for ALOE BIOSCIENCE for aloe-containing dietary supplements, dermatologicals, pharmaceuticals, mouth/teeth preparations, and cosmeceuticals. Two-step H. Marvin…
85531266 · 2015-05-13
In re Meridian Rack & Pinion DBA buyautoparts.com
Genericness refusal affirmed for BUYAUTOPARTS.COM for on-line retail store services featuring auto parts. Applied H. Marvin Ginn two-step test. (1) Genus: on-line retail store services…
85504151 · 2015-04-21
Refusal upheld
In re John Michael Brack
The SIMPLY ORANGECELLO application for orange liqueur was never signed or verified, and the Board confirmed that a signed verification is a mandatory requirement an applicant cannot simply…
85483943 · 2015-03-31 · SIMPLY ORANGECELLO (standard characters; ORANGECELLO disclaimed) v. CARAVELLA ORANGECELLO
Refusal upheld
In re Hughes Furniture Industries, Inc.
The HUGHES FURNITURE logo is too similar to the registered BRADLEY HUGHES for identical furniture goods, with the shared surname HUGHES dominating both marks.
85627379 · 2015-03-27 · HUGHES FURNITURE (and design with H logo and MOTION EAZE RECLINERS) v. BRADLEY HUGHES
Refusal upheld
In re House Beer, LLC
HOUSE BEER for a beer store is identical to the registered HOUSE BEER for beer itself, and a claimed USPTO processing error could not override the statutory bar against registering…
85684754 · 2015-03-27 · HOUSE BEER (standard characters, BEER disclaimed) v. HOUSE BEER (standard characters, Supplemental Register, BEER disclaimed)
Refusal affirmed
In re Matthew Beck
The Board found PORNO JESUS for adult-themed DVDs and videos may disparage Christian-Americans by linking the central figure of Christianity with pornography, and it is not necessary that a…
85767380 · 2015-03-19 · PORNO JESUS (standard characters; "PORNO" disclaimed)
Refusals reversed
In re Frankish Enterprises Ltd.
The fanciful prehistoric-animal monster-truck body was held inherently distinctive trade dress for Frankish’s monster-truck exhibition services, clearing the three-dimensional design for…
85494703 · 2015-02-27 · Three-dimensional truck cab body in the design of a fanciful, prehistoric animal (design mark; dotted lines show position only; color not claimed)
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