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 …

Simply adding a design element to someone else’s trademark almost always leads to trouble

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 …

Don’t Attempt to Trademark Geographic Locations Where Your Products Are Not Made

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 equivalent “Venice-Milan” before …

Don’t Go For Common Phrases. They can be difficult and expensive to obtain.

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 …