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TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? - Intellectual Property

Here are three recent TTAB decisions in Section 2(d) inter partes proceedings. Not knowing all the facts, see if you can guess how they came out. ....

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TTAB Affirms Genericness Refusal Of

The Board affirmed a refusal to register the proposed mark LETTERS & NUMBERS (in standard character form) on the Supplemental Register. ....

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Rolex Fails To Plead Or Prove Priority Based On Analogous TM Use: TTAB Dismisses Opposition To

The Board dismissed this opposition to registration of the mark
SOME WATCHES TELL TIME . SOME TELL A STORY for,
inter alia, watches. Opposer Rolex alleged likelihood of
confusion with its purported common law mark
IT DOESN T
JUST TELL TIME. IT TELLS HISTORY for watches, but
Rolex s claim of priority based on use analogous to trademark
use failed because (1) it wasn t properly pleaded or tried by
consent, and (2) Rolex failed to prove prior analogous use as a
source identifier.
Pleading: Rolex conceded that it was not
relying on technical (affixation) trademark use on
watches, nor did it claim trade name use of the HISTORY tagline. ....

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