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John L. Welch
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Recent Articles
Precedential No. 49: Failure to Serve Notices of Opposition Leads to Swift TTAB Dismissal
Opposer Schott AG shot itself in the AG when it failed to serve its notices of opposition on Applicant L'Wren Scott, as required by Rule 2.101. The Board granted Applicant's motion to dismiss and denied Schott's cross-motion for leave to amend its notices of opposition and to serve the notices....
Precedential No. 48: TTAB Resolves Procedural Spat Over Discovery Conference
In this annoying but precedential decision, the Board resolved a brouhaha between the parties over their failure to hold the required Rule 2.120 discovery conference. Opposer moved for sanctions and Applicant then moved to dismiss. Guthy-Renker Corp. v. Michael Boyd, Opposition No. 91182999...
TTABlog Recommended Reading: "U.S. Declarations of Use for Madrid-Based Registrations"
The November 15, 2008 INTA Bulletin includes a helpful article on "U.S. Declarations of Use for Madrid-Based Registrations," by Joseph F. Schmidt, Julie A. Katz, and Michele S. Katz (pdf here). The authors point out that the deadlines for Section 71 Declarations of Use are based on the date of...
Three New Members Appointed to Trademark Public Advisory Committee (TPAC)
COMMERCE SECRETARY GUTIERREZ NAMES NEW MEMBERS TO TRADEMARK PUBLIC ADVISORY COMMITTEENovember 18, 2008Washington, D.C. - U.S. Commerce Secretary Carlos M. Gutierrez recently named three new members to the Trademark Public Advisory Committee (TPAC). They will serve three-year terms on the committee,...
Fame of "KOHLER" Mark for Faucets Keys TTAB 2(d) Victory over "KOHLER HOMES"
Fame was the name of the game in Kohler Co.'s Section 2(d) opposition to the marks KOHLER HOMES for "custom construction of homes" [HOMES disclaimed] and KOHLER ASSOCIATES ARCHITECTS for "architectural design" [ASSOCIATES ARCHITECTS disclaimed]. The Board found those marks likely to cause confusion...