A trademark may be refused registration as primarily geographically descriptive under Section 2(e)(2) of the Trademark Act, 15 U.S.C. § 1052(e)(2), based on the following: the primary significance of the term in the mark sought to be registered is the name of a place that is generally known to the public; the goods originate in […]
State consumer-protection statutes typically require some showing that members of the public have been deceived. For example, the Colorado Consumer Protection Act (“CCPA”) is the requirement that the unfair or deceptive trade practice has a significant impact on the public. C.R.S. § 6-1-105; Hall v. Walter, 969 P.2d 224, 235 (Colo. 1998); Peterson v. USAA […]
The character of Superman famously has become associated with certain symbols and indicia which, in the public mind, are inextricably linked with the Superman character and which function as trademarks. Among them include the “S” shield design (i.e., letter “S” inside a five-sided shield), and the pulling apart of a shirt to reveal a uniform […]
The TTAB reversed a Section 2(d) refusal of the applied-for GUJI MANE for “Coffee; Coffee beans; Ground coffee beans; Roasted coffee beans; Unroasted coffee” in view of the registered GUJI mark for “coffee,” because “Guji” is a geographic place known for coffee. In re Cxffeeblack LLC, Ser. No. 90109203 (TTAB Dec. 12, 2022). Because […]
The TTAB has affirmed that the stylized GOODBATHS mark in block letters for “Body cream; Body lotion; Body scrub; Body wash; Fragrances; Non-medicated soaps for the body; Non-medicated soaps for the hands; Non-medicated skin care preparation, namely, body mist” in Class 3, is likely to cause confusion with the registered mark GOODBATH in a cursive […]