The TTAB Is No Place For Pro Se Representation

Handling Opposition and Cancellation matters pro se (i.e., without an attorney) at the Trademark Trial and Appeal Board (TTAB) is a risky proposition.  The TTAB operates according to a set of guidelines presented in the Trademark Board Manual of Procedure (TBMP).  In addition to trademark-specific issues in the TBMP guidelines, the TTAB procedure also follows…

Phantom Trademarks With Multiple Commercial Impressions

A mark that contains a changeable or phantom element resulting in more than one mark must be refused registration.  This is the ruling from the Trademark Trial & Appeal Board (TTAB) in the August 16, 2018 precedential opinion In re Society of Health and Physical Educators (Serial No. 87/107590). In this case the applicant sought…

The # Symbol Doesn’t Add Distinctiveness

A hash symbol (#) or the word “hashtag” generally adds little or no source-indicating distinctiveness to a trademark.  This is the ruling by the Trademark Trial & Appeal Board (TTAB) in the August 16, 2018 precedential opinion In re i.am.symbollic, llc (serial number 85916778). In this appeal, the well-known musician Will.I.Am from the Black Eyed…

Ornamentation Is Not Trademark Use

Not every word, name, phrase, symbol or design, or combination thereof which appears on a product functions as a trademark.  And, a mere intent that a phrase function as a trademark is not enough in and of itself to make it a trademark.  This is the explanation provided by the U.S. Trademark Trial and Appeal…

Benefits of Registering Trademark: Everything You Need to Know

This article is originally published at UpCounsel. The benefits of registering a trademark include name recognition, copyright protections, and brand distinctions between the competition. Overall, trademarks are highly useful assets you can use to your advantage while gaining an advantage over the competition. According to recent estimates, trademarks entail a third of corporate value. A valuable brand…