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J & J opposed an application to register the proposed mark PISSTERINE for non-medicated mouthwash, claiming likelihood of confusion with, and likely dilution of, its registered mark LISTERINE...
The TTABlogger has once again chosen the ten (10) TTAB (Tee-Tee-Ā-Bee) decisions that he considers to be the most important and/or interesting from the previous calendar year (2021).
Among the flurry of opinions issued by the Board on September 30th, the last day of the USPTO's fiscal year, were the three listed below, ...
The Board affirmed two Section 2(e)(1) refusals of the proposed mark CLEAR for footwear, lingerie, and other clothing items, and for handbags, purses, wallets and related items, all "excluding transparent goods," finding the term to be deceptively misdescriptive of the goods. The Board observed that consumers are not aware of the "nontransparent" limitation in the application, and not all purchases of Applicant Dolce Vita's goods are made after direct inspection of the goods. In re Dolce Vita Footwear, Inc., Serial Nos. 88554717 and 88554722 (April 29, 2021) [precedential] (Opinions by Judg...
To print this article, all you need is to be registered or login on Mondaq.com. Seldom does a product configuration clear the Section 2(f) hurdle, and this Timberland boot design joined the list of losers. The Board affirmed a refusal to register on the ground that the proposed configuration mark (drawing below) for "footwear, namely, lace-up boots" lacked acquired distinctiveness. In re TBL Licensing LLC, Serial No. 86634819 (April 2, 2021) [not precedential] (Opinion by Judge Jyll Taylor). The boot design at issue includes a "bulbous toe box," a "tube-shaped an...