タグ: 商標審判部

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商標登録insideNews: Don’t Dilute My Coca-Cola with Your Concealed Carry | Reason.com

 coca cola, dilusion, 商標審判部

No registration for Mr. Conceal Carry, held Administrative Trademark Judge Christopher Larkin of the Trademark Trial & Appeal Board, joined by Judges Linda Kuczma and Thomas Shaw (Coca-Cola Co. v. Hoff); his proposed mark was forbidden by the federal trademark law banning commercial “dilution by blurring” of famous marks:

情報源: Don’t Dilute My Coca-Cola with Your Concealed Carry – Reason.com

Ser. 87822744
Ser. 87822744
US Reg. 73348554
US Reg. 73348554

Coca-Cola Co. v. Hoff

🆕 商標_最新情報

商標登録insideNews: U.S. Patent and Trademark Office Considers Supreme Court Ruling on “.com” Trademarks in New Decision | American University Intellectual Property Brief

 .com, 商標審判部, 米国特許商標庁

Last week, the U.S. Trademark Trial and Appeal Board (TTAB) rejected arguments by a South Carolina law firm in support of its application for trademark registration of its domain name. The ruling comes not long after the U.S. Supreme Court issued its opinion in USPTO v. Booking.com B.V., in which it held that certain terms that would otherwise not qualify for trademark protection can be registered if “.com” is added to the term. However, according to the TTAB, the term at issue now, “onlinetrademarkattorneys.com,” did not meet the requirements for trademark registration despite the addition of “.com.”

情報源: U.S. Patent and Trademark Office Considers Supreme Court Ruling on “.com” Trademarks in New Decision – American University Intellectual Property Brief

https://onlinetrademarkattorneys.com/

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商標登録insideNews: Wine and Spirit Companies Trademark Alert: Check your Trademarks to Ensure they are not “Deceptive” | Hodgson Russ LLP – JDSupra

 spirit, ワイン, 商標審判部, 米国

The United States Patent and Trademark Office Trademark Trial and Appeal Board (the “TTAB”) recently published a precedential decision regarding the treatment of trademarks for wine and spirits and their potential for being “deceptively misdescriptive” pursuant to Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a). Section 2(a) has three provisions, all of which are relevant to the alcoholic beverage industry. In this new precedential decision, the TTAB held that “[t]erms that are not specifically place names, but which may have ‘geographical association,’ may provide bases for claims under the general deceptiveness provision of Section 2(a).”

情報源: Wine and Spirit Companies Trademark Alert: Check your Trademarks to Ensure they are not “Deceptive” | Hodgson Russ LLP – JDSupra

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商標登録inside: NewsTwitter Opposes Tweet Bird Food Trademark | lawstreetmedia.com

 ツィッター, 商標審判部, 異議申立, 米国特許商標庁

On Friday, Twitter filed a notice of opposition before the Trademark Trial and Appeal Board against applicant Puerto Rican company B. Fernandez & Hnos.’s application for the TWEET mark, asserting that it will be harmed if the applicant’s mark is registered.

情報源: Twitter Opposes Tweet Bird Food Trademark – Tech

Twitter, Inc. v. B. FERNANDEZ& HNOS., 91267749, No. 1 (T.T.A.B. Feb. 19, 2021) (available at https://www.docketalarm.com/cases/TTAB/91267749/Twitter_Inc._v._B._FERNANDEZ&_HNOS/1/)
ESTTA Tracking number: ESTTA1115682

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商標登録insideNews: Cisco Files Trademark Opposition Against Omcisco, Citing Confusion and Dilution | Law Street Media

 シスコ, 商標審判部, 米国特許商標庁

On Wednesday, opposer Cisco Technology, Inc. filed a notice of opposition before the Trademark Trial and Appeal Board against applicant Omcisco Technology INC.’s application for the OMCISCO mark, citing likelihood of consumer confusion and dilution of its famous mark.

情報源: Cisco Files Trademark Opposition Against Omcisco, Citing Confusion and Dilution – Tech

Opposition
Number: 91266568
Filing Date: 12/16/2020
Status: Pending
Status Date: 12/16/2020
Plaintiff Name: Cisco Technology, Inc
Defendant Name: Omcisco Technology INC.

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商標登録insideNews: New TTAB Reading Room for searching TTAB decisions | USPTO

 reading room, 商標審判部, 米国特許商標庁

TTAB Reading Room available: On July 31, the Trademark Trial and Appeal Board (TTAB) deployed its new Reading Room, which replaces the former TTAB e-FOIA webpage. Use the Reading Room to search TTAB final decisions and precedential orders. You can search cases by date, issue, and other criteria. You can also search by language within the decision.

情報源: Trademark Trial and Appeal Board | USPTO

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商標登録insideNews: Federal Circuit Reverses TTAB Ruling on Standing for Petition to Cancel Condom Trademark

 商標審判部, 米国, 米国連邦巡回区控訴裁判所

The U.S. Court of Appeals for the Federal Circuit ruled yesterday that Australian Therapeutic Supplies Pty. Ltd. has “a real interest” in cancelling the registration for NAKED for condoms, owned by Naked TM, LLC.

情報源: Federal Circuit Reverses TTAB Ruling on Standing for Petition to Cancel Condom Trademark

15 U.S. Code § 1064.Cancellation of registration
A petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed as follows by any person who believes that he is or will be damaged, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under section 1125(c) of this title, by the registration of a mark on the principal register established by this chapter, or under the Act of March 3, 1881, or the Act of February 20, 1905:
(1)Within five years from the date of the registration of the mark under this chapter.
(2)Within five years from the date of publication under section 1062(c) of this title of a mark registered under the Act of March 3, 1881, or the Act of February 20, 1905.
(3)At any time if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or is functional, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of section 1054 of this title or of subsection (a), (b), or (c) of section 1052 of this title for a registration under this chapter, or contrary to similar prohibitory provisions of such prior Acts for a registration under such Acts, or if the registered mark is being used by, or with the permission of, the registrant so as to misrepresent the source of the goods or services on or in connection with which the mark is used. If the registered mark becomes the generic name for less than all of the goods or services for which it is registered, a petition to cancel the registration for only those goods or services may be filed. A registered mark shall not be deemed to be the generic name of goods or services solely because such mark is also used as a name of or to identify a unique product or service. The primary significance of the registered mark to the relevant public rather than purchaser motivation shall be the test for determining whether the registered mark has become the generic name of goods or services on or in connection with which it has been used.
(4)At any time if the mark is registered under the Act of March 3, 1881, or the Act of February 20, 1905, and has not been published under the provisions of subsection (c) of section 1062 of this title.
(5)At any time in the case of a certification mark on the ground that the registrant (A) does not control, or is not able legitimately to exercise control over, the use of such mark, or (B) engages in the production or marketing of any goods or services to which the certification mark is applied, or (C) permits the use of the certification mark for purposes other than to certify, or (D) discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies:
Provided, That the Federal Trade Commission may apply to cancel on the grounds specified in paragraphs (3) and (5) of this section any mark registered on the principal register established by this chapter, and the prescribed fee shall not be required. Nothing in paragraph (5) shall be deemed to prohibit the registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the certification standards of the registrant. Such uses of the certification mark shall not be grounds for cancellation under paragraph (5), so long as the registrant does not itself produce, manufacture, or sell any of the certified goods or services to which its identical certification mark is applied.
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商標登録insideNews: “Graduated” and “Undefined” Colors Available for Trademark Protection | National Law Review

 商標審判部, 米国, 色商標

There are a number of famous colors that are trademark-protected – such as the color brown, which is registered by UPS, and the color “robin egg blue”, which is registered by Tiffany

情報源: “Graduated” and “Undefined” Colors Available for Trademark Protection

Forney® – Power to get things done, 0:57

0:41 / 0:57あたりに、製品パッケージ（黒と黄色から赤色のグラデーション）の動画があります。

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商標登録insideNews: USPTO rejects DNA sequencing trademark | LifeSciences IPReview

 商標審判部, 米国特許商標庁

A San Diego biotechnology company has been refused a trademark registration for ‘Sequencing by Binding’ on the grounds that it is too descriptive. Omniome, which develops DNA sequencing tools, filed for the mark in 2017 but had its application refused by an examining attorney at the US Patent and Trademark Office (USPTO). In a precedential decision, issued on Monday, January 6, the USPTO’s Trademark Trial and Appeal Board (TTAB) upheld the original decision, concluding that ‘Sequencing by Binding’ was descriptive of the claimed goods and services.

情報源: USPTO rejects DNA sequencing trademark

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米国商標実務　最終拒絶理由通知への対応

 再検討要求, 商標審判部, 最終拒絶理由, 米国

米国商標のプロセキューションでは、審査官(examining attorney)との意見が合わずに、”This is a final action”と記載された最終拒絶理由（Final Offic …