The Trademark Trial and Appeal Board (“TTAB”) ordered cancellation of a trademark registration for the mark DANTANNA’S for restaurant services, finding that the Registrant’s Attorney recklessly executed the Section 15 Declaration of Incontestability and disregarded the truth. See, Chutter, Inc.
New York Trademark Attorney Blog
The New York Trademark Attorney Blog, published by the Law Offices of Nikki Siesel PLLC, focuses on trademark law issues including trademark registration, refusal and opposition proceedings, and recent precedential decisions from the Trademark Trial and Appeal Board (TTAB) and federal courts. It covers topics such as the doctrine of foreign equivalents, likelihood of confusion analyses, trademark strength and distinctiveness, non-use challenges under the Trademark Modernization Act, and the treatment of generic and certification marks. The blog also discusses practical implications of trademark law developments for brand protection and enforcement strategies in the United States.
Latest from New York Trademark Attorney Blog - Page 2
Owners Of Common Law Rights Must Prove Priority Via Proof of Distinctiveness
By Nikki Siesel
In a recent Board Decision, the Petition for Cancellation was dismissed because Petitioner relied on its common law rights while alleging likelihood of confusion and priority, and was unable to prove acquired distinctiveness (secondary meaning) for its mark LITTLE NOTES…
A Precedential Case Reinforces – Weak Marks Are Narrowly Protected
By Nikki Siesel
A recent precedential case from the Trademark Trial and Appeal Board (“TTAB” or the “Board”) highlights the problems associated with adopting weak marks. See Shenzhen IVPS Technology Co. Ltd. V. Fancy Pants Products, LLC, 2022 USPQ2d 1035 (TTAB 2022)…
TTAB Precedent: Petitioner Fails To Prove Use Analogous To Trademark Use
By Nikki Siesel
In a recent precedential decision, the Trademark Trial and Appeal Board (the “Board”) denied a petition to cancel for failure of the petitioner to prove technical trademark use or use analogous to trademark use before respondent’s priority date, see JNF…