But We Had a Deal: Consent Agreement Cannot Overcome Likelihood of Confusion Finding

Order Affirming Refusal of Registration, In re 8-Brewing LLC,
T.T.A.B. (October 30, 2017)

Trademark applicants know the familiar sinking feeling when their clearance search turns up a potentially conflicting mark already on the Principal Register. But the situation is not hopeless, and registrants and applicants seeking to register similar marks are often able to reach an amicable coexistence agreement that allows both sides to use and register their respective marks. However, a recent decision from the Trademark Trial and Appeal Board has shown that, when it comes to a coexistence agreement, the devil may be in the details. READ MORE

Don’t Get Boxed In By a Consumer Survey: T.T.A.B. Refuses Trade Dress Protection for Cheerios Yellow

Order Affirming Refusal of Registration, In re General Mills IP Holdings II, LLC, T.T.A.B. (August 22, 2017)

Trademark portfolio owners have long known the pitfalls in securing trade dress protection for a single color. The Trademark Trial and Appeal Board recently underscored those difficulties in affirming the Trademark Office’s refusal to register the color yellow as trade dress in connection with General Mills’ Cheerios cereal. READ MORE