WHIPgroup filed an opposition on behalf of its client Doctor’s Associates Inc. (“DAI”) against Janco, LLC, for its application to register the mark FLATIZZA for pizza. The Trademark Trial and Appeal Board sustained the Section 2(d) opposition, finding that Applicant Janco, LLC had not used the applied-for mark in commerce prior to the filing of its use-based application to register. Doctor’s Associates Inc. v. Janco, LLC, Opposition No. 91217243 (January 7, 2016). Janco had operated a single restaurant in Bothell, Washington. The Board found insufficient evidence to show that the restaurant operated in interstate commerce, and therefore found the application to be void ab initio because the mark was not used in commerce prior to the Section 1(a) filing date.
WHIPgroup obtained another patent allowance using the After Final Consideration Pilot (AFCP) Program. In U.S. Application No. 15/239,469 directed to an eccentric well pipe, a Final Office Action rejected pending claims for obviousness. WHIPgroup attorneys [Read More…]
WHIPgroup attorneys were successful in using the Pre-Appeal Brief Review program to overcome a final rejection. During prosecution, the USPTO rejected claims directed to a method for actively damping oscillations in a compression process as [Read More…]
By Patrick D. Duplessis In a petition filed this month with the U.S. Supreme Court, patent owner Cave Consulting Group (CCGroup) draws attention to a persistent split at the Federal Circuit concerning foundational claim construction [Read More…]