An attempt to register the name of a living well-known person without his/her written consent is not money well spent.
Applicant applied to register the trademarks for clothing: (1) OBAMA BAHAMA PAJAMAS; (2) OBAMA PAJAMA; and (3) BARACK’S JOCKS DRESS TO THE LEFT. The TTAB refused to register all three marks Image Courtesy of: Joe Crimmings Used under Creative Commons license.
A stylized trademark registration for a specific term can provide the same level of protection as a standard word trademark
Applicant applied to register SOLO (in standard characters) for clothing specifically used for activities related to snowmobiles, motorcycles and ATVs. The TTAB refused to register the SOLO trademark in light of the existence of the following registration for the stylized mark SOLO for clothing not confined to any specific type of use or channel of […]
In a “crowded” field for a specific term, usually the addition of a unique term will be sufficient to secure a trademark registration.
Applicant applied to register SNOW BY REPUBLIC for clothing. The TTAB approved the registration this mark despite the existence of the following trademark registration for similar clothing items: SNÖ In reaching its decision, the TTAB discusses two interesting tenets of trademark law. FIRST. A “crowded” field is often used to describe a situation where a […]
A trademark that falsely suggests products are made of a specific type of material when they are not, can still be trademarked.
Applicant applied to register HYDZ for “apparel not made of…animal hides, namely, sweatpants and sweatshirts for casual wear or for wear during exercise.” The TTAB over turned the Examiner’s refusal and allowed the trademark to be registered. This cases touches on two interesting and related technical trademark issues. FIRST: Descriptive marks cannot be registered without [
Trademarks with multiple definitions, one of which overlaps with an existing trademark registration can be problematic.
Applicant applied to register TECHWOOL for socks made of wool. The TTAB denied registration claiming Applicant’s mark was likely to be confused with an existing trademark registration for TECHNOWOOL for jackets made of wool. This case touches on two fundamental trademark concepts. FIRST: Most of the time, the TTAB will find that one specific clothing/headgear/footwear […]
Applicant applied to register the following Logo for clothes and headwear: The TTAB denied registration claiming that the “COOL” (albeit stylized) portion of the mark was dominant and that it was likely to be confused with an existing trademark registration for COOL!, also for clothing. While the design component of a trademark can be the […]
Applicant tried to register VENEZIA-MILANO for women’s and men’s clothing products. The TTAB denied registration while discussing three interesting trademark fundamentals. FIRST: Any time an Applicant files for a trademark containing non-English words, the foreign terms are translated into English. In this case, the Italian words VENEZIA-MILANO were converted into the English equivalen
Applicant filed for the mark ONCE A MARINE, ALWAYS A MARINE for a variety of clothing items. The mark was refused because the TTAB has taken the position that “common phrases” do not function as trademarks and should be available for use by everyone. The TTAB also held that the primary function of the phrase […]