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May 5, 2025 TMtelegram Hello Reader, In a recent decision, the Federal Circuit reminded everyone that even if your product seems far removed from a restaurant, a similar name could still cause trademark problems. The case? A brewery tried to register the mark CHICKEN SCRATCH for beer. But they were blocked by a restaurant that already had a trademark registration for the same name—CHICKEN SCRATCH—for restaurant services. The Trademark Office refused registration, and the Federal Circuit...
April 28, 2025 TMtelegram Hello Reader, Most brand owners know they can’t use misleading trademarks. But did you know a trademark can be refused just for sounding misleading—even if it’s technically true? That’s exactly what happened in the recent case of In re Twisted X, Inc., where the USPTO refused to register the mark ECOTWEED for “footwear made of a tweed-like material.” What’s the issue? The Trademark Office said the mark ECOTWEED was deceptive under Section 2(a) of the Trademark Act....
April 21, 2025 TMtelegram Hello Reader, Here’s another real-world lesson from the Trademark Trial and Appeal Board (TTAB) that highlights two common pitfalls brand owners face: 🔁 Choosing a name that’s too close to an existing mark🔁 Using a last name without understanding the trademark limits The case involved Wyse London, a fashion brand that applied to register its name for clothing and retail store services. But the USPTO refused registration on two separate grounds—and the TTAB agreed....