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On March 16, 2016, the TTAB affirmed the refusals of an applicant’s mark, JAWS DEVOUR YOUR HUNGER, for online streaming cooking shows, holding that it is confusingly similar to the registered mark from the movie JAWS. Though the Board will rarely consider the fame of a mark in its du Pont analysis, the fame of the JAWS mark played a predominant role in the decision here. In re Mr. Recipe, LLC, Serial Nos. 86040643 and 86040656 [precedential].
Continue Reading T.T.A.B. Emphasizes the Fame of the Movie ‘Jaws’ in Its Refusal to Register a Cooking Show’s Mark

On March 10, 2016, the Federal Circuit ruled that it cannot review the U.S. Patent and Trademark Office’s patent-eligibility guidelines to examiners on how to apply the Supreme Court’s Alice ruling.  The appeals court held that could not consider the USPTO’s Interim Eligibility Guidance because it did not create any substantive or procedural right enforceable against the USPTO. In re Smith, Case No.  2015-1664, 2016 WL 909410, (Fed. Cir. Mar. 10, 2016) (precedential).
Continue Reading Federal Circuit Won’t Review USPTO’s Alice Guidelines

In this case, the Trademark Trial and Appeal Board reversed the refusal to register Applicant’s ALLEGIANCE STAFFING mark (disclaiming STAFFING) for temporary employment agency service on the basis of likelihood of confusion based predominantly on the thirteenth “catch-all” du Pont factor.
Continue Reading In re Allegiance Staffing – The Rare “Any Other Established Fact”

On April 1, 2013, the U.S. Patent and Trademark Office (USPTO) published interim final rules revising several patent term adjustment (PTA) provisions in view of the AIA Technical Corrections Act of January 14, 2013. 78 Fed. Reg. 19416. The USPTO’s interim final rules became effective on April 1, 2013, and apply to any patent granted on or after January 14, 2013. Applications pending as of January 14, 2013 are therefore subject to the new rules.Continue Reading Things to Know About the Latest Final Interim Rules to Patent Term Adjustment