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35 decisions coded to this industry. Industry tags describe the goods or services in the dispute, not the legal ground.
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Procedural ruling
Instagram, LLC v. Instagoods Pty Ltd
The Board combined Instagram’s challenge to the INSTAGOODS application with Instagoods' counter-challenge involving INSTA, and let Instagram question two Australian Instagoods executives…
Opposition No. 91266266 · 2023-10-11 · INSTAGOODS
Procedural ruling
Instagoods Pty Ltd v. Instagram, LLC
Instagoods' counter-challenge involving Instagram’s INSTA mark was combined with Instagram’s challenge to INSTAGOODS for shared handling; the schedule was reset and no winner was decided on…
Opposition No. 91285552 · 2023-10-11 · INSTA
In re National Concessions Group, Inc.
The Board refused BAKKED for an ‘essential oil dispenser’ because the product is actually a cannabis dabbing tool — federal drug-paraphernalia law makes it unlawful in commerce, and…
87168058 · 2023-05-03 · BAKKED (standard characters)
In re National Concessions Group, Inc.
The Board refused the teardrop logo used on the same cannabis dabbing tool as the BAKKED word mark: because the product is federal drug paraphernalia, no federal trademark registration is…
87183434 · 2023-05-03 · Stylized drop design mark -- "The mark consists of two parallel curved lines forming a teardrop, being wrapped around a smaller solid teardrop." Color is not claimed as a feature of the mark.
Petition dismissed with leave to replead
Ahal Al-Sara Group for Trading v. American Flash, Inc.
The Board granted American Flash’s motion to dismiss because Ahal Al-Sara did not adequately plead its entitlement to bring the case or a legally sufficient fraud claim, but held the…
Cancellation No. 92079775 · 2023-01-23 · AMERICAN FLASH THE ORIGINAL MADE IN USA and design (Reg. No. 3103165; mark consists of Red Banner background with the words 'American' and 'Flash' in WHITE, 'The Original' in RED, and 'Made in USA' in BLUE outline with WHITE filling; colors red, white and blue claimed; 'Made in USA' and 'American' disclaimed) v. FIGHTER FLASH (composite word-and-design mark; Petitioner's pleaded Saudi Arabian Trademark Application/Registration Nos. 142902232 and 142802063, no U.S. registration or application pleaded)
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)
In re County of Orange
The Board refused Orange County, California’s circular emblem (mountain, field and three oranges) for its government services: federal law flatly bars registering the insignia of any…
87419378 · 2022-08-04 · The "Circular Mark" (design mark): "a circle surrounding the words 'COUNTY OF ORANGE' on the top and 'CALIFORNIA' on the bottom with an image of a mountain, a field and three oranges set in the middle"; color not claimed; "COUNTY OF ORANGE CALIFORNIA" disclaimed
In re County of Orange
The Board likewise refused the County’s park ranger badge design: because the badge contains the County’s circular insignia in its entirety, the same federal bar on registering municipal…
87639750 · 2022-08-04 · The "Badge Mark" (design mark): "a circle with the image of three oranges in front of an orange grove and snow-covered mountains with the words 'COUNTY OF ORANGE' in an arc above the circle and the word 'CALIFORNIA' below the circle. Above the circle in a banner are the words 'PARK RANGER' and below the circle are the words 'PARKS-BEACHES' inside of a banner. All of the aforementioned is inside of a badge shape with the encompassed wording and design superimposed over a half wreath. Inside of the bottom of the shield shape is a geometric shape and at the top of the shield shape are multiple connected quadrilaterals"; color not claimed; "PARK RANGER PARKS-BEACHES COUNTY OF ORANGE CALIFORNIA" disclaimed; the Badge Mark incorporates the Circular Mark of Serial No. 87419378 in its entirety
In re Integra Biosciences Corp.
The Board refused to register the pastel blue color of pipette-tip rack inserts as a trademark: lab suppliers commonly color-code tip sizes, so the color is not inherently a brand, buyers…
Application Serial No. 87484450 · 2022-01-24 · Pastel Blue single-color mark - the color pastel blue, defined as Pantone number 550C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel blue alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel blue claimed as a feature of the mark
In re Integra Biosciences Corp.
The Board refused the pastel green rack-insert color on the same grounds as the companion colors: color-coding pipette tip sizes is a common, functional industry practice, not a source…
Application Serial No. 87484519 · 2022-01-24 · Pastel Green single-color mark - the color pastel green, defined as Pantone number 622C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel green alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel green claimed as a feature of the mark
In re Integra Biosciences Corp.
The Board refused the pastel orange rack-insert color on the same grounds as the companion colors: color-coding pipette tip sizes is a common, functional industry practice, not a source…
Application Serial No. 87484584 · 2022-01-24 · Pastel Orange single-color mark - the color pastel orange, defined as Pantone number 1565C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel orange alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel orange claimed as a feature of the mark
In re Integra Biosciences Corp.
The Board refused the pastel purple rack-insert color on the same grounds as the companion colors: color-coding pipette tip sizes is a common, functional industry practice, not a source…
Application Serial No. 87484617 · 2022-01-24 · Pastel Purple single-color mark - the color pastel purple, defined as Pantone number 522C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel purple alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel purple claimed as a feature of the mark
In re Integra Biosciences Corp.
The Board refused the pastel yellow rack-insert color on the same grounds as the companion colors: color-coding pipette tip sizes is a common, functional industry practice, not a source…
Application Serial No. 87484658 · 2022-01-24 · Pastel Yellow single-color mark - the color pastel yellow, defined as Pantone number 7403C, applied to the packaging for pipette tips, specifically on the rack inserts (rectangular plastic trays having aligned rows and columns of vertical openings for holding an array of disposable pipette tips in a box or tub); the specifically claimed tint and hue of pastel yellow alone is the mark; broken lines showing the rack-insert shape indicate position only; color pastel yellow claimed as a feature of the mark
In re Dimarzio, Inc.
The Board upheld the refusal to register the color cream, applied to the entire surface of an electronic guitar pickup, because the applicant failed to prove that consumers have come to see…
87213400 · 2021-12-03 · the color cream (single-color mark; description: "the distinctive color cream applied to the entire surface of the goods, which are a three-dimensional configuration of an electronic sound pickup for guitars featuring a double coil design. The broken lines depicting the overall shapes of the pickup, indicating placement of the mark on the goods and are not part of the mark.")
Registration refused
In re International Watchman, Inc.
The Board found that NATO for tents and canopies in Class 22 falsely suggests a connection with the North Atlantic Treaty Organization under Section 2(a), as all four prongs of the false…
87302907 · 2021-11-30
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.
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 Peace Love World Live, LLC
The Board upheld the refusal to register I LOVE YOU for bracelets on two independent grounds: the phrase, spelled out across the bracelet’s segments, is merely decorative wording rather…
86705287 · 2018-07-23 · I LOVE YOU v. I LUV U
Refusals mostly reversed
In re Canine Caviar Pet Foods, Inc.
The Board held CANINE CAVIAR for pet foods is not deceptive and not deceptively misdescriptive because ‘caviar’ would be understood as a metaphor for premium quality rather than a claim…
85710350 · 2018-05-17 · CANINE CAVIAR (standard characters; disclaimer of "CANINE" offered in the alternative; claim of acquired distinctiveness under Section 2(f) for the mark as a whole)
Refusal reversed
In re Pitney Bowes, Inc.
The Board accepted Pitney Bowes' webpage specimen for its concentric-circles “pb” design mark covering mail and package delivery services, finding that the company’s explanation of how it…
86502157 · 2018-01-10 · a circle containing four partial circles on the left and three partial circles on the right, divided by the lower case letters "p" and "b", all resembling a series of concentric circles (design/special-form mark; color not claimed)
Registration refused
In re Weiss Watch Company, Inc.
WEISS WATCH COMPANY is primarily merely a surname under Section 2(e)(4). The Board rejected applicant’s foreign equivalents doctrine argument (that WEISS means ‘white’ in German) because…
86782562 · 2017-06-13 · WEISS WATCH COMPANY
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
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)
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
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
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 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 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 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 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
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