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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 nameâCHICKEN SCRATCHâfor restaurant services. The Trademark Office refused registration, and the Federal Circuit...
April 28, 2025 TMtelegram Hello Reader, Most brand owners know they canât use misleading trademarks. But did you know a trademark can be refused just for sounding misleadingâeven if itâs technically true? Thatâs exactly what happened in the recent case of In re Twisted X, Inc., where the USPTO refused to register the mark ECOTWEED for âfootwear made of a tweed-like material.â Whatâs 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, Hereâs another real-world lesson from the Trademark Trial and Appeal Board (TTAB) that highlights two common pitfalls brand owners face: đ Choosing a name thatâs too close to an existing markđ 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 groundsâand the TTAB agreed....