Category Archives: Appeals

TTAB Says Clinical Trial Label Sufficient Specimen for Registration

On June 18, 2015, in a non-precedential opinion, the TTAB overturned the USPTO’s refusal of registration of Eli Lilly and Co.’s application for the word mark TRULICITY for diabetes treatment based upon alleged failures in the specimens submitted.

During the registration process, Eli Lilly submitted as a specimen the label applied to goods distributed in clinical trials, as follows.

2015.06.25_TTAB_Clinical_ Trial_ Label

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Federal Circuit Confirms M.Z. Berger Out of Time to Prove Intent to Use iWATCH Mark

The Federal Circuit has upheld the Trademark Trial and Appeal Board’s ruling that watchmaker M.Z. Berger did not provide sufficient evidence to show a “bona fide intent” to use the mark iWATCH and could not register same. M.Z. Berger & Co., Inc. v. Swatch AG (Swatch SA) (Swatch Ltd.), Case No. 14-1219 (Fed. Cir. June 5, 2015).

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Federal Circuit Affirms TTAB Decision Refusing Registration of THE SLANTS Mark on Disparagement Grounds

Author: Whitney Devin Cooke

On April 20, 2015, the Federal Circuit affirmed the TTAB’s section 2(a) refusal to register the mark THE SLANTS.  Applicant Simon Shiao Tam is the “front man” of a Asian-American dance band called The Slants. Following the PTO’s refusal to register an earlier application for the identical mark on the ground that the mark THE SLANTS it is disparaging to persons of Asian descent, Tam filed a second application covering nearly the identical services. The examining attorney again found the mark THE SLANTS to be disparaging, citing materials gathered in response to the PTO’s refusal of the earlier application. In response to Tam’s appeal to the final refusal, the TTAB ruled that it was “abundantly clear” from the evidence, namely, Asian-inspired imagery on the band’s website, and a statement from Tam that he intended the band’s name to “own” an Asian stereotype, that THE SLANTS mark would be perceived as referring to persons of Asian descent.

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