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Trademark Valet

Decisions · Posture

Ex parte appeal

158 decisions in this posture.

All 28 industries
By du Pont factor
By posture
Non-precedentialNotableNot checked

Disclaimer requirement upheld

In re Brainlab SE

The Board agreed that DYNAMIC SURFACE merely describes what Brainlab’s radiotherapy patient-tracking systems do (continuously track a moving patient’s body surface), so Brainlab must…

79371727 · 2026-05-26 · EXACTRAC DYNAMIC SURFACE

Non-precedentialRoutineNo later change on its docket

Applications saved by disclaimer

In re Spotlight Oral Care Limited

After the Board upheld the requirement that Spotlight Oral Care disclaim the descriptive phrase MADE BY DENTISTS in its green monster logo for toothpaste, whitening products, and…

79380381 · 2026-04-20 · MADE BY DENTISTS & design (green monster character)

Non-precedentialRoutineNo later change on its docket

Applications saved by disclaimer

In re Spotlight Oral Care Limited

After the Board upheld the requirement that Spotlight Oral Care disclaim the descriptive phrase MADE BY DENTISTS in its blue monster logo for toothpaste, whitening products, and…

79382237 · 2026-04-20 · MADE BY DENTISTS & design (blue ghost-like monster character)

Non-precedentialRoutineNo later change on its docket

Applications saved by disclaimer

In re Spotlight Oral Care Limited

After the Board upheld the requirement that Spotlight Oral Care disclaim the descriptive phrase MADE BY DENTISTS in its pink monster logo for toothpaste, whitening products, and…

79383214 · 2026-04-20 · MADE BY DENTISTS & design (pink monster character)

Non-precedentialRoutineNo later change on its docket

Applications saved by disclaimer

In re Spotlight Oral Care Limited

After the Board upheld the requirement that Spotlight Oral Care disclaim the descriptive phrase MADE BY DENTISTS in its orange monster logo for toothpaste, whitening products, and…

79384076 · 2026-04-20 · MADE BY DENTISTS & design (brown/orange monster character)

Non-precedentialRoutineNo later change on its docket

Applications saved by disclaimer

In re Spotlight Oral Care Limited

After the Board upheld the requirement that Spotlight Oral Care disclaim the descriptive phrase MADE BY DENTISTS in its purple one-eyed monster logo for toothpaste, whitening products, and…

79384077 · 2026-04-20 · MADE BY DENTISTS & design (purple one-eyed monster character)

Non-precedentialNotableNo later change on its docket

Refusal affirmed

In re Lasertec Corporation

Because Lasertec’s GALOIS mark for semiconductor wafer inspection machines is identical to the registered GALOIS mark for cameras and scanners, and the evidence showed those products work…

79358845 · 2026-03-16 · GALOIS v. GALOIS

Non-precedentialNotableNo later change on its docket

Refusal affirmed

In re Robert Sulic

The Board found Robert Sulic’s BLACK SWAN vodka mark identical to the registered BLACK SWAN mark for wines, and because vodka and wine are related drinks sold through overlapping channels…

79375327 · 2026-01-07 · BLACK SWAN v. BLACK SWAN

Non-precedentialNotableNo later change on its docket

Refusal affirmed

In re Robert Sulic

The Board found Robert Sulic’s BLACK SWAN VODKA label (castle, mountains, and swan design) confusingly similar to the registered BLACK SWAN mark for wines; the swan picture just reinforces…

79375609 · 2026-01-07 · BLACK SWAN VODKA & design v. BLACK SWAN

PrecedentialNotableNo later change on its docket

Refusal reversed

In re Jason Jimenez

The Board found GASPER ROOFING for roofing services is not likely to be confused with the registered mark JASPER CONTRACTORS for identical roofing services, because the marks differ in…

97551823 · 2025-11-05 · GASPER ROOFING (standard characters; ROOFING disclaimed; registration sought under Section 2(f) as to the entirety of the mark) v. JASPER CONTRACTORS (standard characters; CONTRACTORS disclaimed)

Non-precedentialNotableNo later change on its docket

Refusal affirmed

In re Coventya

The Board found that FINIGARD for metal anti-corrosion and electroplating chemicals is too similar to the registered mark INFINIGUARD for anti-corrosion coatings, so FINIGARD cannot be…

79319649 · 2025-08-08 · FINIGARD v. INFINIGUARD

Non-precedentialRoutineNo later change on its docket

Application saved by disclaimer

In re Panificio Villa S.r.l.

After the Board initially upheld the requirement that Panificio Villa disclaim exclusive rights in the descriptive term PIZZACCIA in its stylized pizza-bakery logo, the company timely filed…

79351998 · 2025-07-29 · PIZZACCIA (stylized) with tagline LA PIZZA PIÙ FOCACCIA CHE C'È!

Non-precedentialRoutineNo later change on its docket

Refusal upheld for the Class 31 plants

In re WeGrow Germany GmbH

WeGrow for living trees is too similar to the registered WeGrow for fertilizers because the goods are complementary and sold in the same nurseries, though the Class 44 horticulture services…

79331774 · 2025-03-12 · WeGrow (stylized with leaf design) v. WeGrow (stylized with W design)

PrecedentialNotableNo later change on its docket

In re Nursecon, LLC

The Board affirmed the refusal to register NURSECON for arranging and conducting special events for social entertainment purposes, finding the mark merely descriptive because NURSE names…

88052194 · 2024-12-26 · NURSECON (standard characters)

PrecedentialNotableNo later change on its docket

In re Gail Weiss

The Board affirmed the refusal to register GABBY’S TABLE for computerized on-line retail store services featuring food, cookware, and culinary/lifestyle books, magazines and videos, because…

88621608 · 2024-07-31 · GABBY'S TABLE

PrecedentialLandmarkNo later change on its docket

Both SMARTLOCK trademark registrations were cancelled

In re Locus Link USA

The Board agreed with the USPTO that the registrations for “evaporative air coolers” were never actually used in commerce because the owner only used SMARTLOCK on connectors/fittings that…

Expungement No. 2022-100137E (Reg. No. 5376467) · 2024-07-01 · SMARTLOCK

PrecedentialLandmarkNo later change on its docket

Both SMARTLOCK trademark registrations were cancelled

In re Locus Link USA

The Board agreed with the USPTO that the registrations for “evaporative air coolers” were never actually used in commerce because the owner only used SMARTLOCK on connectors/fittings that…

Expungement No. 2022-100138E (Reg. No. 5376466) · 2024-07-01 · SMARTLOCK

PrecedentialLandmarkNo later change on its docket

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)

PrecedentialLandmarkNo later change on its docket

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.

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

In re Advanced New Technologies Co., Ltd.

The Board refused registration of ZHIMA because the applicant would not add a required statement translating the word (evidence showed ZHIMA is the Chinese word for ‘sesame,’ used across…

86832288 · 2023-01-12 · ZHIMA

PrecedentialLandmarkVacated

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)

PrecedentialLandmarkVacated

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)

PrecedentialLandmarkVacated

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)

PrecedentialLandmarkVacated

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)

PrecedentialNotableNo later change on its docket

Refusal upheld

In re Zuma Array Limited

SMART BEZEL merely describes Zuma Array’s electronic sensor modules, which the company’s own website presents as smart bezels, so the wording cannot be registered as a brand.

79288888 · 2022-08-09 · SMART BEZEL

PrecedentialLandmarkNot checked

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

PrecedentialLandmarkNot checked

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

PrecedentialNotableNo later change on its docket

In re Chestek PLLC

The Board affirmed the refusal to register CHESTEK LEGAL for legal services because the applicant law firm gave only a post office box instead of the required domicile street address…

88938938 · 2022-03-30 · CHESTEK LEGAL (standard characters; LEGAL disclaimed)

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

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.")

PrecedentialLandmarkNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialLandmarkNot checked

In re The Consumer Protection Firm PLLC

The Board found the wording in this law firm’s colorful square logo, THE CONSUMER PROTECTION FIRM.COM, was simply the common name for consumer-protection legal services rather than a brand…

87444846 · 2021-03-02 · THE CONSUMER PROTECTION FIRM.COM & Design ("Applicant's Proposed Word-and-Design Mark") -- a square outlined in navy blue containing the words "THE CONSUMER PROTECTION FIRM.COM" vertically stacked; "THE" in green above "CONSUMER" in navy blue above "PROTECTION" in red above "FIRM.COM," with "FIRM" in green and "COM" in yellow separated by a yellow period; colors green, navy blue, red, and yellow claimed; "Firm.com" disclaimed

PrecedentialLandmarkNo later change on its docket

In re The Consumer Protection Firm PLLC

The Board found that ordinary legal-services consumers understand the phrase THE CONSUMER PROTECTION FIRM to be the common name for a category of legal practice (consumer-protection law)…

87445801 · 2021-03-02 · THE CONSUMER PROTECTION FIRM (standard characters; "Applicant's Proposed Word Mark"); "Firm" disclaimed

PrecedentialLandmarkNo later change on its docket

In re Lee Greenwood

The Board affirmed refusal of GOD BLESS THE USA as a trademark for pillows and decorative wood/wall items because dozens of unrelated sellers already use the same patriotic phrase on…

87168719 · 2020-12-01 · GOD BLESS THE USA

PrecedentialLandmarkNo later change on its docket

Refusal reversed

In re Recreational Equipment, Inc.

The Board allowed REI to move forward with registering CO-OP for bicycles and bicycle parts, holding that proving CO-OP merely describes REI’s status as a cooperative business was not…

87186780 · 2020-11-20 · CO-OP

PrecedentialLandmarkNo later change on its docket

In re Vox Populi Registry Ltd.

The Board upheld the refusal to register the plain word mark .SUCKS for domain registry and domain-name-registration services, finding that consumers see .SUCKS as just another web-address…

86700941 · 2020-10-29 · .SUCKS (standard characters)

PrecedentialNotableNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

In re Vox Populi Registry Ltd.

The Board also upheld the refusal to register .SUCKS shown in a retro, pixelated ‘LED display’ style font for domain registry services, finding the special lettering was too ordinary…

87187215 · 2020-10-29 · .SUCKS displayed in a stylized "font suggesting an LED display" (retro pixelated font resembling early CRT computer-screen lettering)

PrecedentialLandmarkNo later change on its docket

In re James S. Fallon

The Board upheld two of the refusals against registering THERMAL MATRIX for a heat-moldable liner in an anti-snoring mouthpiece: the product packaging did not clearly show the mark…

86882668 · 2020-10-21 · THERMAL MATRIX (THERMAL disclaimed)

PrecedentialNotableNo later change on its docket

Refusal affirmed

In re AC Webconnecting Holding B.V.

The Board held that .CAM (in plain text) cannot be registered even on the Supplemental Register for webcam-related business, telecommunication and entertainment services, because consumers…

85635277 · 2020-09-15 · .CAM (standard characters)

PrecedentialNotableNo later change on its docket

Refusal affirmed

In re AC Webconnecting Holding B.V.

The Board held the stylized .CAM logo (green dot plus black CAM) is also unregistrable on the Supplemental Register for the same webcam-related services, because its minimal styling does…

85635287 · 2020-09-15 · .CAM design mark (the mark consists of a green period/decimal point preceding the word "CAM" in the color black; colors green and black claimed as a feature of the mark; slightly stylized script)

PrecedentialNotableNo later change on its docket

In re Guaranteed Rate, Inc.

The Board refused to register GUARANTEED RATE in plain words for mortgage lending services: the phrase merely describes a mortgage feature (a rate that is guaranteed), and the company’s…

Application Serial No. 87054820 · 2020-07-30 · GUARANTEED RATE (in standard characters), under the provisions of Section 2(f) of the Trademark Act based on a claim of acquired distinctiveness

PrecedentialNotableNot checked

In re Guaranteed Rate, Inc.

The Board refused the GUARANTEED RATE logo (grey and white words on a red downward arrow) unless the company gives up exclusive rights to the words ‘Guaranteed Rate’ — if it files that…

Application Serial No. 87054849 · 2020-07-30 · GUARANTEED RATE and design - the word "GUARANTEED" in grey and "RATE" in white, where the word "RATE" appears on a red arrow pointing down; the colors grey, red and white claimed as a feature of the mark; acquired distinctiveness claimed under Section 2(f) as to the term "Guaranteed Rate"

PrecedentialLandmarkNo later change on its docket

In re MK Diamond Products, Inc.

The Board upheld refusal to register the curved-cut-out shape on the edge of MK Diamond’s circular saw blades as a trademark, finding the curve serves a practical, functional purpose…

86813875 · 2020-07-27 · Product configuration mark consisting of a circular saw blade comprising the curved portion of a repeating slot design around the circumference of the goods (portions shown in broken lines are not part of the mark)

PrecedentialLandmarkNo later change on its docket

Refusal upheld

In re Guild Mortgage Company

GUILD MORTGAGE COMPANY was found too similar to the registered GUILD INVESTMENT MANAGEMENT for related financial services, and more than forty years of side-by-side use without proven…

86709944 · 2020-03-31 · GUILD MORTGAGE COMPANY and design (three lines above IL) v. GUILD INVESTMENT MANAGEMENT

PrecedentialNotableNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

In re The Ride, LLC

The Board upheld the refusal to register a moving image of a tap-dancing ‘banker’ street performer as a mark for sightseeing bus tour services, finding the routine was just one of several…

86845550 · 2020-02-03 · Motion mark: two sequential freeze-frames depicting an entertainer dressed as a banker (suit and briefcase) walking along a street, viewed through bus windows, who then performs a tap dance routine when the bus stops at a predetermined location on a guided sightseeing bus tour; color not claimed

PrecedentialNotableNo later change on its docket

Mixed result

In re James Haden, M.D., P.A.

The Board found the words ALLERGY CARE generic for allergy-treatment medical services, but because the mark is a stylized logo the applicant may keep its Supplemental Register application…

87169404 · 2019-12-04 · Design mark consisting of a red, horizontal oval with a white and blue border; inside the oval in stacked formation are the words "ALLERGY CARE" in stylized capital letters in white with blue outline; colors red, blue and white claimed as features of the mark (text extraction shows a gap where the mark image is embedded in the original, e.g. "seeks registration ... of the mark for" and "Applicant's mark is")

PrecedentialNotableNo later change on its docket

In re Rainier Enterprises, LLC

The Board dismissed the appeal and let the vodka applicant’s application go abandoned because the applicant never fixed a required drawing and color-claim problem with its MONTE CARLO…

87384516 · 2019-12-03 · MONTE CARLO and design (words "MONTE CARLO" in red with six small red and two white diamonds at the top right of "O" in "CARLO"; words "WORLD'S MOST PRESTIGIOUS VODKA" in black below "MONTE CARLO"; all words outlined in gold; colors red, black, and gold claimed)

PrecedentialNotableNo later change on its docket

In re Ocean Technology, Inc.

The Board refused a crab-picture label reading ALL NATURAL 100% REAL CALLINECTES CRAB GOURMET CRABMEAT PASTEURIZED for crabmeat: the words and even the realistic crab picture just tell…

87405211 · 2019-11-21 · ALL NATURAL 100% REAL CALLINECTES CRAB GOURMET CRABMEAT PASTEURIZED and design -- stylized wording "ALL NATURAL" above a crab design, "Gourmet" in stylized italicized font over the crab's right claw, "CRABMEAT" in stylized uppercase font inside a shaded banner beneath the crab, and "PASTEURIZED" along the bottom; to the right of the crab design a small label consisting of a stylized circular design and the wording "100% REAL Callinectes CRAB"; "CRAB" and "CRABMEAT" disclaimed; color not claimed

PrecedentialNotableNo later change on its docket

In re Ocean Technology, Inc.

The Board also refused the companion crabmeat label that adds FROM NORTH AMERICA: like its sibling, the label’s words and realistic crab picture are purely informational and do not work as…

87405233 · 2019-11-21 · ALL NATURAL 100% REAL CALLINECTES CRAB FROM NORTH AMERICA GOURMET CRABMEAT PASTEURIZED and design -- stylized wording "ALL NATURAL" above a crab design, "Gourmet" in stylized italicized font over the crab's right claw, "CRABMEAT" in stylized uppercase font inside a shaded banner beneath the crab, and "PASTEURIZED" along the bottom; to the right of the crab design a small label consisting of a stylized circular design and the wording "100% REAL Callinectes CRAB," under which appears separately "from NORTH AMERICA"; "CRAB" and "CRABMEAT" disclaimed; color not claimed

PrecedentialLandmarkNo later change on its docket

In re Country Oven, Inc.

The Board affirmed refusal of the identical mark COUNTRY OVEN for retail and custom bakery services because a different company already owns a decades-old registration for COUNTRY OVEN…

87354443 · 2019-11-18 · COUNTRY OVEN v. COUNTRY OVEN

PrecedentialLandmarkNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

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.

PrecedentialNotableNo later change on its docket

In re Twenty-Two Desserts, LLC

The Trademark Trial and Appeal Board refused to register the mark MALAI on the Supplemental Register for ice cream and frozen desserts because the word ‘malai’ — though originally a Hindi…

86586833 · 2019-08-06 · MALAI

PrecedentialNotableNo later change on its docket

In re National Association of Veterinary Technicians in America, Inc.

The Board refused to register VETERINARY TECHNICIAN SPECIALIST as a certification mark for veterinary medicine services because the phrase simply describes a veterinary technician who…

87171093 · 2019-07-19 · VETERINARY TECHNICIAN SPECIALIST

PrecedentialLandmarkNo later change on its docket

In re Yarnell Ice Cream, LLC

The Board upheld the refusal to register SCOOP for ice cream and frozen confections promoted by a costumed mascot, finding SCOOP merely describes a typical ice cream serving/portion size…

86824279 · 2019-07-09 · SCOOP (standard characters)

PrecedentialNotableNo later change on its docket

In re Katch, LLC

The USPTO’s refusal of HEALTHPLANS.COM for health insurance lead-generation and advertising services (Class 35) was upheld because the Board found that consumers would recognize the term as…

86301765 · 2019-06-20 · HEALTHPLANS.COM

PrecedentialNotableNo later change on its docket

Registration refused

In re The Cardio Group, LLC

The Board found that The Cardio Group’s proof-of-use documents (a patient pulse-wave report webpage, a confidential sales agreement, and a sales invoice) showed only sales of medical…

86840860 · 2019-06-20 · THE CARDIO GROUP and design

PrecedentialLandmarkNo later change on its docket

Refusal upheld

In re TracFone Wireless, Inc.

The Board ruled that UNLIMITED CARRYOVER, as it appeared on TracFone’s specimen, would be seen by consumers as an informational description of a wireless-plan feature (carrying over unused…

87221529 · 2019-06-10 · UNLIMITED CARRYOVER

PrecedentialNotableNo later change on its docket

In re Hikari Sales USA, Inc.

The Trademark Trial and Appeal Board upheld the refusal to register ALGAE WAFERS for fish food, finding the term is a common name for a type of fish food (wafer-shaped food containing algae…

86439012 · 2019-03-29 · ALGAE WAFERS

PrecedentialNotableNo later change on its docket

In re Virtual Independent Paralegals, LLC

Registration refused - the Board found that VIRTUAL INDEPENDENT PARALEGALS is simply the generic name for a class of paralegals who work remotely without attorney supervision, so it cannot…

86947786 · 2019-03-27 · VIRTUAL INDEPENDENT PARALEGALS

PrecedentialNotableNo later change on its docket

In re Broken Arrow Beef and Provision, LLC

The Board reversed the refusal of BA BEEF for meats and other foods: the government failed to prove that consumers across the country generally recognize ‘BA’ as meaning Broken Arrow…

87334198 · 2019-02-22 · BA BEEF (standard characters; "BEEF" disclaimed)

PrecedentialNotableNo later change on its docket

Registration refused

In re Wal-Mart Stores, Inc.

The Board found that INVESTING IN AMERICAN JOBS for retail store and promotional services is merely an informational phrase widely used by businesses, government, and media to express…

86261962 · 2019-01-11 · INVESTING IN AMERICAN JOBS

PrecedentialLandmarkNo later change on its docket

In re SnoWizard, Inc.

The Board refused to register the shape of a snowball vendor’s concession trailer (a snow-capped roof topped with a snowball and cup, plus the word SNOBALLS) as a trademark, because the…

87134847 · 2018-12-21 · Three-dimensional configuration mark: a snow-capped roof with the word "SNOBALLS," a snowball and associated beverage container positioned on top of a concession trailer for snowball vendors (color not claimed; broken/dotted lines not part of the mark, showing position/placement only); sought under Section 2(f)

PrecedentialLandmarkNo later change on its docket

In re American Cruise Lines, Inc.

The Board allowed AMERICAN CONSTELLATION to proceed to registration for cruise ship services over the cited marks CONSTELLATION and CELEBRITY CONSTELLATION, finding that even though the…

87040022 · 2018-10-03 · AMERICAN CONSTELLATION v. CONSTELLATION;CELEBRITY CONSTELLATION

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialLandmarkNo later change on its docket

In re FabFitFun, Inc.

The Board reversed a refusal to register I’M SMOKING HOT for cosmetics and personal care products, finding that even though the goods overlap with a prior registration for SMOKIN' HOT SHOW…

86847381 · 2018-08-23 · I'M SMOKING HOT v. SMOKIN' HOT SHOW TIME

PrecedentialLandmarkNot checked

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)

PrecedentialNotableNo later change on its docket

In re Society of Health and Physical Educators

The Board refused SHAPE XXXX (where XXXX stands for any U.S. state name or Puerto Rico) for an educators' association’s materials and services because one application may only seek…

87107590 · 2018-08-16 · SHAPE XXXX (standard characters; per Applicant's miscellaneous statement, as amended, "The 'XXXX' in the mark denotes the unabbreviated name of a state of the United States and Puerto Rico," clarified by the Board to mean a single state name or Puerto Rico, not multiple state names)

PrecedentialLandmarkNo later change on its docket

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

PrecedentialNotableNo later change on its docket

Refusal upheld

In re I-Coat Company, LLC

I-Coat’s INDIGO marks (word and two design versions) for corrective lenses were found too similar to the registered INDIGOSNOW and INDIGO marks for eyewear, blocking all three applications.

86802467, 86802618, and 86802733 · 2018-06-07 · INDIGO (and variants) v. INDIGOSNOW / INDIGO

PrecedentialNotableNo later change on its docket

In re Inn at St. John's, LLC

The Board found 5IVE STEAKHOUSE (with a fork-and-knife design) for restaurant and bar services too similar to the registered mark 5IVESTEAK for identical services, and blocked the newer…

87075988 · 2018-06-06 · 5IVE STEAKHOUSE and design (the wording "5ive" in stylized letters, set above the design of an intersecting fork and knife, all set above the word "Steakhouse"; "Steakhouse" disclaimed) v. 5IVESTEAK and design (wording 5IVESTEAK presented in the colors red and brown, with red in the number "5" and letters "IVE" and brown in the letters "STEAK"; colors red and brown claimed as a feature of the mark)

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

In re Mueller Sports Medicine, Inc.

The Board upheld the refusal to register RECOIL for medical and athletic cohesive tape, finding the word merely describes the tape’s ability to stretch and spring back to its original shape.

87209946 · 2018-05-16 · RECOIL

PrecedentialLandmarkNo later change on its docket

In re American Furniture Warehouse CO

For a stylized “American Furniture Warehouse / Lifestyle Furniture” logo used on retail furniture stores, the Board agreed the wording is merely descriptive of a place and type of store…

86407531 · 2018-04-23 · Stylized design mark consisting of a curved letter "A" beginning the word "AMERICAN" (with stripes on the left side of the A and a swooping ribbon design filled with stars on the right, with an outer line that turns and dots the letter "I" with one star), under which appears "FURNITURE WAREHOUSE", under which appears "LIFESTYLE FURNITURE"

PrecedentialNotableNo later change on its docket

Refusal upheld

In re FCA US LLC

Jeep-maker FCA’s MOAB for vehicles and parts is too similar to the registered MOAB INDUSTRIES for automotive conversion services, and an earlier court win by FCA involving the different…

85650654 · 2018-04-10 · MOAB v. MOAB INDUSTRIES

PrecedentialLandmarkNo later change on its docket

In re Aquitaine Wine USA, LLC

The Board refused to register a French winery’s LAROQUE wine label showing a house and vineyard because it was too similar to an already-registered wine brand called CHATEAU LAROQUE, even…

86928469 · 2018-04-02 · LAROQUE Cité de Carcassonne and design (word mark with picture of a house behind a field of grape vines with trees bordering both sides of the image; "Cité de Carcassonne" disclaimed) v. CHATEAU LAROQUE

PrecedentialLandmarkNo later change on its docket

In re Serial Podcast, LLC

The USPTO’s refusal to register the plain word mark SERIAL for Serial Podcast’s ongoing investigative audio program was upheld in full — the Board found SERIAL is simply the common name for…

86454420 · 2018-03-26 · SERIAL

PrecedentialLandmarkNot checked

In re Serial Podcast, LLC

The refusal to register Serial Podcast’s black-and-white logo mark — the word SERIAL in outlined letters, each letter inside a separate rounded-corner rectangle — was partially overturned…

86454424 · 2018-03-26 · SERIAL (word and design: the word 'SERIAL' in outlined letters, with each letter placed in a rectangle with rounded corners; color not claimed as a feature of the mark)

PrecedentialLandmarkNot checked

The refusal to register Serial Podcast's color logo mark

In re Serial Podcast, LLC

The word SERIAL in yellow letters outlined in red, each letter inside a black rounded-corner rectangle — was partially overturned: the color logo as a whole can be registered (with a note…

86464485 · 2018-03-26 · SERIAL (word and design: the word 'SERIAL' in yellow letters outlined in red, with each letter placed in a black rectangle with rounded corners; colors red, yellow, and black claimed as features of the mark; white in drawing represents background and is not a feature of the mark)

PrecedentialNotableNo later change on its docket

In re Mecca Grade Growers, LLC

The Board refused registration of MECHANICALLY FLOOR-MALTED for malt for brewing and distilling and for grain-processing services, finding the phrase simply describes those goods and…

86358219 · 2018-03-12 · MECHANICALLY FLOOR-MALTED

PrecedentialNotableNo later change on its docket

In re Minerva Associates, Inc.

The Board sided with the applicant, finding that screenshots showing the AWLVIEW mark displayed above the login and search screens of its downloadable warehouse-management software were…

86430215 · 2018-02-12 · AWLVIEW

PrecedentialNotableNo later change on its docket

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)

PrecedentialLandmarkNo later change on its docket

In re Solid State Design Inc.

The Board upheld the refusal to register a stylized “populace” mark with a person-silhouette design for map-based, real-time popularity-visualization software, finding it too similar to an…

87269041 · 2018-01-03 · populace (stylized, with silhouette of a person's head centered within the letter "o") v. populace (orb or ball-shaped design in alternating red/white bands, with the word "populace" below in small black letters)

PrecedentialLandmarkNo later change on its docket

In re Olin Corporation

The Board upheld the refusal to register OLIN for industrial chemicals, finding that OLIN is primarily merely a surname and that the applicant did not provide sufficient evidence that the…

86651083 · 2017-09-22 · OLIN

PrecedentialLandmarkNo later change on its docket

Refusal upheld

In re General Mills IP Holdings II, LLC

General Mills could not register the color yellow for Cheerios packaging because so many other cereal makers sell in yellow boxes that shoppers do not see the color alone as identifying a…

86757390 · 2017-08-22 · Color yellow

PrecedentialLandmarkNo later change on its docket

In re Keep A Breast Foundation

Three of four refusal grounds affirmed for 3D breast/torso cast trade dress for breast cancer awareness services. (1) All specimens failed — original showed mark but no services; first…

85316199 · 2017-08-17

PrecedentialNotableNo later change on its docket

Refusal upheld

In re Empire Technology Development LLC

COFFEE FLOUR names the product itself (flour made from coffee-cherry skins and pulp), and even the company that invented the category cannot register the generic name of the goods, not even…

85876688 · 2017-08-03 · COFFEE FLOUR (standard characters)

PrecedentialLandmarkNo later change on its docket

In re Change Wind Corp.

The Board refused Change Wind Corp.'s application to register the three-dimensional shape of its vertical-axis wind turbine — four twisting wings straddling a cone-topped cylindrical tower…

86046590 · 2017-07-20 · Three-dimensional product configuration of a wind-powered turbine: four vertically extending turbine wings, obliquely curved in a twisting (helical) manner, straddling a vertically extending cylindrical base that tapers at its upper end into a truncated cone (design-only configuration mark; Section 2(f) claimed)

PrecedentialLandmarkNot checked

Refusal affirmed (both marks)

In re PharmaCann LLC

The Board upheld the USPTO’s refusal to register PHARMACANN and PHARMACANNIS for retail-store and dispensing services featuring medical marijuana, holding that because selling and…

86520135 · 2017-06-16 · PHARMACANN

PrecedentialLandmarkNot checked

Refusal affirmed (both marks)

In re PharmaCann LLC

The Board upheld the USPTO’s refusal to register PHARMACANN and PHARMACANNIS for retail-store and dispensing services featuring medical marijuana, holding that because selling and…

86520138 · 2017-06-16 · PHARMACANNIS

PrecedentialNotableNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

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 - - -

PrecedentialNotableNo later change on its docket

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 - - -

PrecedentialLandmarkNo later change on its docket

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)

PrecedentialLandmarkNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialLandmarkNot checked

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)

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialLandmarkNo later change on its docket

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

PrecedentialNotableNot checked

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)

PrecedentialNotableNot checked

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

PrecedentialNotableNot checked

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

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.

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialLandmarkNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

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)

PrecedentialLandmarkNo later change on its docket

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

PrecedentialLandmarkNo later change on its docket

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

PrecedentialRoutineNo later change on its docket

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)

PrecedentialRoutineNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

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

PrecedentialLandmarkMixed — part reversed

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

PrecedentialNotableNo later change on its docket

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

Non-precedentialRoutineNot checked

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

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)

PrecedentialLandmarkNo later change on its docket

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)

PrecedentialLandmarkNot checked

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

PrecedentialNotableNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

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)

PrecedentialLandmarkNo later change on its docket

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)

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialRoutineNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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

PrecedentialNotableNo later change on its docket

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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