Principal Opinions Affecting PTO Trademark Practice

Jeffrey M. Samuels, University of Akron School of Law
Linda B. Samuels

Abstract

This past year featured interesting decisions by the Trademark Trial and Appeal Board and its primary reviewing court, the U.S. Court of Appeals for the Federal Circuit, as well as by Office of the Assistant Commissioner for Trademarks. Of particular note were the comments of Federal Circuit Judge Michel regarding the Board's responsibility to explain the rationale for its ultimate conclusion on the issue of likelihood of confusion. The Board issued several split decisions on the issue of likelihood of confusion, involving such well-known marks as UNCLE BEN'S and HARD ROCK CAFE, and addressed important procedural questions relating to such issues as “clear error” and the application of the “constructive use” provisions of Section 7(c) of the Lanham Act. Finally, a number of petition decisions further liberalized practice in several key respects.