Fed Circuit Watch: Dangers of Pro Se Representation – Failure to Understand Procedural Rules

fed circuit watch likelihood of confusion section 2(d) trademark ttab

On August 27, 2018, the Court of Appeals for the Federal Circuit issued a rare trademark ruling, Zheng Cai, dba Tai Chi Green Tea Inc. v. Diamond Hong, Inc.,[1] dealing with the more mundane aspects of proper filing procedures and rules of evidence.  It also served as a reminder of the dangers of USPTO applicants …

Continue Reading

Fed Circuit Watch: TTAB Fails Genericness Test

descriptiveness fed circuit watch genericism section 2(f) trademark ttab

In a rare review of a Trademark Trial and Appeal Board (TTAB) case, the Court of Appeals for the Federal Circuit vacated and remanded the decision in Royal Crown Co., Inc. v. The Coca-Cola Co.,[1] involving the doctrine of trademark genericism.  The Fed Circuit panel found fault with the TTAB’s analysis of the test for …

Continue Reading