Apparel & Fashion

Major League Baseball Players Association v. Michael P. Chisena

The Board sustained the MLBPA’s opposition and refused registration of Michael Chisena’s HERE COMES THE JUDGE mark for t-shirts and other clothing, finding that MLBPA licensees sold apparel…

Opposition No. 91240180 · 2023-04-12 · HERE COMES THE JUDGE (standard characters, Serial No. 87528440) v. HERE COMES THE JUDGE and related common-law 'Judge Marks' (pleaded as JUDGE, alone and with other terms) used on licensed Aaron Judge apparel

Major League Baseball Players Association v. Michael P. Chisena

The Board sustained the MLBPA’s opposition and refused registration of Michael Chisena’s ALL RISE mark for t-shirts and other clothing, finding that MLBPA licensees sold ALL RISE apparel…

Opposition No. 91242556 · 2023-04-12 · ALL RISE (standard characters, Serial No. 87528414) v. ALL RISE and related common-law 'Judge Marks' (pleaded as ALL RISE, alone and with other terms) used on licensed Aaron Judge apparel

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)

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 reversed

In re Jonathan Sibony

The Board found REPUBLIC OF LONDON for clothing is not primarily geographically deceptively misdescriptive, because the phrase names a place that does not exist: ‘Republic of London’ as a…

86293054 · 2021-10-14 · REPUBLIC OF LONDON (standard characters)

Registration refused

In re Mayweather Promotions, LLC

PAST PRESENT FUTURE fails to function as a trademark for T-shirts because it is a widely used commonplace message. Evidence showed extensive third-party use of the phrase on apparel by…

86753084 · 2020-10-29 · PAST PRESENT FUTURE

In re Carlton Cellars, LLC

The Board refused registration of SEVEN DEVILS for wine and wine accessories because the applicant listed goods spanning four different filing categories but paid for only one and never…

87438793 · 2020-03-11 · SEVEN DEVILS

In re Odd Sox LLC

The Trademark Trial and Appeal Board refused registration of Odd Sox LLC’s trade dress — the shape of its sock packaging (an elongated rectangular card with a single pair of socks hanging…

86297488 · 2019-09-30 · Three-dimensional product packaging trade dress -- elongated rectangular hanger displaying a single pair of socks side-by-side with toes flattened forward

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)

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)

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)

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