Posts Tagged: "Trademark Trial and Appeal Board"

Federal Circuit Vacates TTAB Decision as Arbitrary and Capricious

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday vacated and remanded a Trademark Trial and Appeal Board (TTAB) decision that had sustained an opposition to the mark GET ORDAINED, holding that the TTAB had failed to “furnish a reasoned explanation for departing from its established practice of deeming unargued claims waived.”

CAFC Says Fraud in Incontestability Filing Does Not Kill Trademark Registration

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday ruled in a precedential decision  that the U.S. Patent and Trademark Office (USPTO) Trademark Trial and Appeal Board (TTAB) cannot cancel a trademark based on the filing of a fraudulent declaration under Section 15 of the Lanham Act. Section 15 of the Lanham Act deals with acquiring incontestability status for an already-registered trademark. In the present case, the attorney for Great Concepts, LLC submitted a false declaration to the USPTO in an attempt to obtain incontestable status for the mark DANTANNA’S for a steak and seafood restaurant.

New USPTO Paneling Guidance for TTAB and PTAB Requires Disclosure of Financial Interests Regardless of Dollar Value

The U.S. Patent and Trademark Office (USPTO) today announced new guidance on empaneling procedures for the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). Under the guidance, PTAB and TTAB management will “avoid empaneling cases to judges who hold stock or bonds (publicly traded or privately held) in any of the disclosed parties or real parties in interest, regardless of the dollar value.”

APPLE JAZZ Mark Owner Says Apple Can’t Attempt to Reverse CAFC via TTAB

On August 18, the owner of the APPLE JAZZ trademark filed an opposition to Apple’s motion to amend its trademark application for the mark APPLE MUSIC with the Trademark Trial and Appeal Board (TTAB). In its motion, the tech giant asked the TTAB to allow the company to remove “live performance services, as well as related services,” from the application. In July, the U.S. Court of Appeals for the Federal Circuit (CAFC) denied Apple’s request to rehear a decision that effectively canceled the tech company’s application to register the APPLE MUSIC mark.

Apple Tells TTAB it Should be Allowed to Amend APPLE MUSIC Application

On August 1, Apple filed a motion to amend its trademark application for the mark APPLE MUSIC with the Trademark Trial and Appeal Board (TTAB) following its recent loss at the U.S. Court of Appeals for the Federal Circuit (CAFC). Apple is asking the TTAB to allow it to remove “live performance services, as well as related services,” from the application in order to get around the CAFC’s ruling and since the Opposer, Charles Bertini, did not make the argument on which the ruling was based before the TTAB.