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Federal Circuit says TTAB must take third-party registrations into account more

Michael Loney, New York

The Federal Circuit has overturned the TTAB in a precedential decision that will increase the importance of third-party registrations when assessing public recognition of a mark, in a dispute over marks including the words “peace” and “love"

The Federal Circuit has ordered the Trade Trial and Appeal Board (TTAB) to take more consideration of third-party registrations when assessing the weakness of marks, in Juice Generation v GS Enterprises. The case is expected to widen the probative value...

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