2018 Trademark Weakness Trend Carries Over to 2019

In 2018, we wrote frequently on the strength trend we saw emerging from the Trademark Trial and Appeal Board decisions. The emerging trend was that in order to demonstrate conceptual weakness a trademark applicant had to be able to introduce a minimum of 10 third-party registrations for marks: (1) sharing the same term; and (2) …

North Carolina Jury not Kind to Walmart in BACKYARD Lawsuit

About a month ago we talked about the trademark infringement loss Walmart suffered over its use of the BACKYARD GRILL mark. We reported that in the first case, Walmart was ordered to pay Variety Stores $32.5M. Walmart successfully appealed this decision and the case was retried before a jury. The jury found in favor of …

A New Trend for the Relatedness of Goods or Services Factor?

A recent Trademark Trial and Appeal Board decision involving car dealerships and car washes may signal a change in how the Board will assess the relatedness of goods or services likelihood of confusion factor. White Horse Auto, LLC filed a service mark application to register the mark WHITE HORSE AUTO (in standard characters) for “automobile …

TTAB Sides Heavily with the USPTO on Confusion in 2018

John Welch – author of The TTABlog – reviewed the Trademark Trial and Appeal Board decisions in 2018 that involved a likelihood of confusion refusal. He counted 219 decisions that involved a likelihood of confusion refusal. Two hundred of the 219 likelihood of confusion refusals were affirmed by the Trademark Trial and Appeal Board. Only …

Technical Goods Require Examination of the Actual Goods at Issue

Pick up a Trademark Trial and Appeal Board decision involving a likelihood of confusion refusal and will likely see the statement that the relatedness of goods factor must be decided based on goods or services as they are described in the applications or registrations at issue. No consideration is given to the actual goods or …