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The USPTO refused to register the mark SMALL WINS for "sweets and candies, namely, gummies and soft candies," finding confusion likely with the registered mark BIG WIN for "candy.
The Board's shutout streak in Section 2(d) appeals is up to 33 affirmances and no reversals. Here are the latest three decisions. Has the streak been broken? How do you think they turned out?...
Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality...
Here are the first three TTAB decisions of the new year in appeals from Section 2(d) refusals. No hints today. How do you think they turned out? [Answer in first comment].
The Board dismissed this opposition to registration of the mark SOME WATCHES TELL TIME ... SOME TELL A STORY for, inter alia, watches. Opposer Rolex alleged likelihood of confusion with its purported common law mark IT DOESN'T JUST TELL TIME. IT TELLS HISTORY for watches, but Rolex's claim of priority based on use analogous to trademark use failed because (1) it wasn't properly pleaded or tried by consent, and (2) Rolex failed to prove prior analogous use as a source identifier. Pleading: Rolex conceded that it was not relying on "technical (affixation) trademark use" on watches, nor did it claim trade name use of the HISTORY tagline.