TM Blog
China Approves First Audio Trademark
China has approved its first audio trademark, a song used to introduce China Radio International. Expect other audio marks to quickly follow.
Weeping Angel Trademark Descriptive
The Trademark Trial and Appeal Board held that the trademark "Weeping Angel" is descriptive of funeral urns with a, what else, weeping angel. The suit was the result of an opposition by a rival urn maker. The ruling highlights the danger of using marks that describe aspects of a product or service.
TTAB Ordered to Vacate Ruling
A Federal court has ordered the Trademark Trial and Appeal Board (TTAB) to vacate a precedential ruling that the University of Alabama has no claim to the houndstooth pattern. Houndstooth Mafia had secured a trademark that included a houndstooth pattern. The University of Alabama and Houndstooth Mafia later reached a settlement in their trademark infringement suit, that was approved by federal judge R. David Proctor, that included an order for TTAB to vacate its opinion. So far, the TTAB hasn't complied and has argued that it doesn't have to. This will be an interesting one to watch.
C’est Toi Jeans USA and Country of Origin
Imports to the United States must be marked with the country of origin. US Customs found that the label "C’est Toi Jeans USA" violated the country of origin marking regulation since the jeans were not made in the US. However, the Federal Circuit reversed, indicating that it is acceptable to make a product with a trademark that includes USA or America even if the product is not made in the USA.
Booking.com Mark Ruled Generic
The Trademark Trial and Appeal Board affirmed the examining attorney's refusal to register Booking.com because the mark is generic. The ruling highlights the difficulty of protecting domain names that describe products or services.