A common term or phrase used to convey ordinary, familiar, or generally understood concepts or sentiments may fail to function as a trademark because it would not be perceived by consumers as identifying the source of goods or services. In re Brunetti, 2022 USPQ2d 764, at *12 (TTAB 2022). “The more commonly a phrase is […]
The termination of a reexamination or expungement proceeding in favor of a registrant cannot be the basis for the registrant’s assertion of claim or issue preclusion in a cancellation proceeding before the TTAB. Common Sense Press Inc. v. Van Sciver, Cancellation No. 92075375, 2023 USPQ2d 601 (TTAB May 19, 2023). Procedural History On October 1, […]
A generic term is “the name of a class of products or services” and “is ineligible for federal trademark registration.” U.S. Patent & Trademark Office v. Booking.com B.V., 140 S.Ct. 2298, 2020 USPQ2d 10729, at *2-3 (2020); Park ‘N Fly, Inc. v. Dollar Park & Fly, Inc., 469 U.S. 189, 224 USPQ 327, 329 (1985) […]
In Metal Jeans, Inc. v. Destroyer Promotional Products, LLC, Opposition No. 91252176 (TTAB Nov. 1, 2023), Destroyer Promotional’s application to register the METAL HEADS mark for various “Headwear” was opposed by Metal Jeans based on its prior METAL mark for “Clothing, namely, ski jackets and snowboard jackets; clothing, namely, jeans and shirts” in the same […]
A trademark registration may be cancelled if the registered mark has been abandoned. Rivard v. Linville, 133 F.3d 1446, 45 USPQ2d 1374, 1376 (Fed. Cir. 1998) (citing 15 U.S.C. § 1064(3)). The abandoned mark then returns to the public domain, so it may be used by others in the marketplace. Exec. Coach Builders, Inc. v. […]