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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169–178 of 178 decisions · newest first · page 8 of 8
In re Nieves & Nieves LLC
Both Section 2(a) and Section 2(c) refusals affirmed for ROYAL KATE for fashion/luxury goods. Board applied four-part Section 2(a) false suggestion test and found all prongs satisfied…
85179263 · 2015-01-30
Refusal reversed
In re Thor Tech, Inc.
Even though the marks are identical, TERRAIN for towable RV trailers may register over TERRAIN for trucks because the two kinds of vehicles are fundamentally different products that careful…
85667188 · 2015-01-26 · TERRAIN (standard characters) v. TERRAIN (standard characters)
Refusal reversed
In re Covalinski
The REDNECK RACEGIRL logo may register over RACEGIRL for overlapping clothing because the design’s giant checkerboard double-R dominates the mark and makes the wording hard even to notice.
85685983 · 2014-12-18 · REDNECK RACEGIRL and design (two large Rs with checkerboard racing flag pattern, heart shapes, colors black/white/gray) v. RACEGIRL (standard characters)
Refusal upheld
In re Koninklijke Philips Electronics N.V.
Philips could not prove that the shape of its Sonicare toothbrush-head base assembly had come to identify Philips as the product’s source in buyers' minds, so the product-design mark was…
85092079 · 2014-09-26 · Base assembly design of electric toothbrush brushhead (product configuration)
Refusal upheld
In re ActiveVideo Networks, Inc.
The Board ruled that CLOUDTV is a generic name (a mash-up of the everyday tech terms “cloud” and “TV”) for ActiveVideo’s cloud-based interactive-television software and video-on-demand…
77967395 · 2014-07-09 · CLOUDTV
In re Datapipe, Inc.
Section 2(e)(1) mere descriptiveness refusal affirmed for YOUR CLOUD (standard characters) for cloud computing and data storage services. Board analyzed each component: ‘Cloud’ is common…
85173828 · 2014-07-07
Opposition sustained
Kristin Marie Conolty d/b/a Fairway Fox Golf v. Conolty O'Connor NYC LLC
The FAIRWAY FOX application was void from the start because the golf-clothing brand was jointly developed and owned by both former business partners, so the company controlled by just one…
Opposition No. 91206045 · 2014-07-03 · FAIRWAY FOX
Refusal upheld
In re Michalko
ASSHOLE REPELLENT for a gag-gift spray can was found scandalous under the then-applicable Section 2(a) bar because dictionaries uniformly label the word vulgar, and the humorous novelty…
85584271 · 2014-05-30 · ASSHOLE REPELLENT
In re Gina Davia
Section 2(d) refusal affirmed for CHANTICO design mark (stylized snake in Aztec art style with CHANTICO and PEPPER SAUCE text) for pepper sauce vs. CHANTICO (standard characters) for agave…
85497617 · 2014-05-27
Refusal upheld
In re Hollywood Lawyers Online
HOLLYWOOD LAWYERS ONLINE primarily describes where the attorney-referral and video-directory services come from (Hollywood, California), and the entertainment-industry connotation did not…
85662420 · 2014-05-02 · HOLLYWOOD LAWYERS ONLINE
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