Category Archives: Trademarks

TM decision reversed due to TTAB’s erroneous analysis of “substantially exclusive” use claim

Galperti, Inc. v. Galperti S.R.L. Docket Nos. 2019-1150 PROST, CLEVENGER, MOORE November 13, 2019 Non-precedential Brief Summary: Galperti TX priority argument correctly denied, but decision remanded as TTAB found to have erroneously analyzed whether Galperti IT’s “substantially exclusive” use claim … Continue reading

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In Re: Guild Mortgage Company

Docket No. 2017-2620 MOORE, REYNA, CHEN January 14, 2019 Brief summary: Board decision affirming the examiner’s refusal to register Guild’s proposed mark due to a likelihood of confusion vacated and remaned because the Board failed to address evidence regarding the … Continue reading

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Schlafly et al. v. Saint Louis Brewery, LLC

Docket Nos. 2017-1468 NEWMAN, MAYER, STOLL Nov. 26, 2018 Brief summary: TTAB’s decision that SLB was entitled to register the SCHLAFLY mark on the basis of distinctiveness affirmed since “words that are primarily a surname can be registered trademarks if … Continue reading

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Real Foods Pty Ltd. v. Frito-Lay North America, Inc.

Docket No. 2017-1959, -2009 WALLACH, LINN, HUGHES October 4, 2018 Brief summary: TTAB’s decision refusing registration of RF’s marks following Frito-Lay’s opposition affirmed-in-part, vacated-in-part, and remanded (“highly descriptive” marks, “TTAB failed to provide any reasoning for its conclusion that the … Continue reading

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Royal Crown Company, Inc. et al. (Dr. Pepper Snapple Group) v. The Coca-Cola Company

Docket No. 2016-2375 NEWMAN, O’MALLEY, TARANTO June 20, 2018 Brief Summary: FC panel concluded “the Board applied the incorrect legal standard in assessing whether TCCC’s ZERO marks are generic”, and vacated and remanded the dismissal of RCC’s oppositions. Summary: RCC … Continue reading

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In re: Erik Brunetti

Docket No. 2015-1109 DYK (C), MOORE, STOLL December 15, 2017 Brief Summary: FC panel reversed PTAB’s affirmance of “the examining attorney’s refusal to register the mark FUCT” for apparel “because it comprises immoral or scandalous matter under 15 U.S.C. § … Continue reading

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In re Magnesita Refractories Company

Docket No. 2016-2345 NEWMAN, SCHALL, BRYSON Nov. 27, 2017 Non-precedential Brief Summary: Board decision refusing to register mark based on genericness and no acquired distinctiveness affirmed. Summary: MRC appealed TTAB denial of its applications to register the mark MAGNESITA as … Continue reading

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