D6: Third-Party Uses
How Distinctive Connotations and Conceptual Weakness Can Overcome a Section 2(d) Refusal
GOOD TIMES // GOODE TIMES GUARANTEED
ESQed
D1: Similarity of Marks
Reversing a Section 2(d) Refusal Through Cultural Connotation and Commercial Impression
DUNDER MIFFLIN // MIFFLIN
D2: Similarity of Goods or Services
Reversing 2(d) Refusals Via Evidentiary Failure and Conceptual WeaknessCA
CASA BLANCA // CASABLANA
2(d) Refusal Reversed
Deferring to the Marketplace: TTAB Reverses Section 2(d) Refusal Based on Prior Settlement
HOUSE OF PRIM // PRIM
D2: Similarity of Goods or Services
Lack of "Something More" Leads to 2(d) Reversal
DAILY HARVEST CAFE // DAILY HARVEST
D4: Purchaser Sophistication
How Consumer Sophistication and Niche IDs Can Overcome a 2(d) Refusal
MERMAID // MERMADE
D2: Similarity of Goods or Services
How Scope Limitation and Connotation Defeated a 2(d) Refusal
PRO-GO // HANDY PRO-GO
D2: Similarity of Goods or Services
Failure to Prove Relatedness Defeats 2(d) Refusal of Identical Marks
LA LA LAND // LA LA LAND
D1: Similarity of Marks
Mark Dissimilarity & Purchaser Sophistication Outweigh Other Factors
SEVEN STARLING // STARLING PHYSICIANS
Why I am building ESQed
If you practice solo or in a small firm, do you ever have moments when you wish your team were just a little bit bigger? Or you are not the one in charge? For me, those moments usually hit when I'm staring at a messy USPTO Office Action,
Specimen
How to prepare your specimen for filing
During my Big Law days, I was doing mostly patent work, with a few trademark matters thrown into the mix. I remember spending days researching the DuPont factors, analyzing proposed mark against existing registrations, and drafting clearance opinions. All felt very academic and intellectual. I even worked on a trademark
Specimen
How to respond to an unregistrable service specimen refusal
Receiving a failure-to-function refusal after filing a Statement of Use can feel like a punch in the gut. It’s especially frustrating when you’ve won hard-fought battles (both with the USPTO and your own client) just to get tripped up at the five-yard line. The