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By Jillian Parker
IPRs are often filed to challenge important patents – the same patents likely to be tested in litigation. In such circumstances, parties should pay careful attention when asserting arguments...
By John L. Welch
Here's a 2017 ruling that slipped under the TTABLog radar. In this precedential order, the Board denied an FRCP 12(c) motion for judgment on the pleadings, directed at applicant's counterclaims...
By John L. Welch
The USPTO refused registration of the mark shown below left, finding it likely to cause confusion with the mark shown below right, both for cigars. On appeal, applicant argued that the customers for its "high-end" cigars are sophisticated and selective, and furthermore that four third-party registrations for marks containing the letter "P" demonstrate that the cited mark is weak.
By Wei (William) Zhang
Expert testimony is a feature of most IPRs, and effective expert testimony can make or break a party's position.
By John L. Welch
The TTAB issued three dozen (36) precedential opinions in calendar 2017. Among the more interesting ones, the Board considered the registrability of the color yellow for a cereal box...
By John L. Welch
Last week, the Federal Circuit issued its opinion on remand in Amgen Inc. v. Sandoz Inc., holding that the Biologics Price Competition and Innovation Act of 2009 (BPCIA)...
By John L. Welch
This is the second of two posts; the first five selections were posted here. Additional commentary on each case may be found at the linked TTABlog postings.
By John L. Welch
The TTABlogger has once again chosen the ten TTAB decisions that he considers to be the most important and/or interesting from the previous calendar year (i.e., 2017).
By John L. Welch
The Board dismissed this opposition to registration of the mark DONQ for a variety of food and non-alcoholic beverages in Classes 29, 30 and 32, and for food and beverage services...
By John L. Welch
The Trademark Trial and Appeal Board (TTAB) has scheduled five (5) oral hearings for the month of January 2018.
By John L. Welch
The Board dismissed this opposition to registration of the mark INNOVATION BREWING for beer...
By John L. Welch
The Board affirmed a refusal to register the applied-for mark DESIGNED WITH YOU IN MIND under Sections 1, 2, 3, and 45 of the Trademark Act.
By John L. Welch
The USPTO refused registration of the mark URBAN PIE PIZZA CO. & Design, shown below left, for "frozen pizza not sold or distributed through restaurants" ...
By John L. Welch
A Comparative Analysis of Fashion Design Protection in the United States and the European Union
By John L. Welch
A TTAB judge once remarked that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services.