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18 EWH MM THIS DISPOSITION IS CITABLE AS PRECEDENT OF THE TTAB AUG, 27, 99 U - uspto

18 EWH MM THIS DISPOSITION IS CITABLE AS PRECEDENT OF THE TTAB AUG, 27, 99 U - uspto 2025

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The document is a decision from the U.S. Trademark Trial and Appeal Board regarding Log Cabin Homes, Ltd.'s application to register the trademark 'LOG CABIN HOMES' for architectural design services and retail outlets. The Board affirmed the Examining Attorney's refusal to register the mark, concluding that it is generic for the services offered or, if not generic, highly descriptive without sufficient evidence of acquired distinctiveness. The decision highlights the lack of evidence showing that consumers associate the term specifically with the applicant's services.

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Can you appeal a TTAB decision?

Judicial Review A party may appeal a TTAB decision to a district court, where it is reviewed de novo. De novo review generally means that the district court can take a fresh look at all factual and legal determinations. Unfavorable decisions can alternatively be appealed straight to the Federal Circuit.

How do I appeal a trademark?

File an appeal of refusal to register Go to the File a New Proceeding section on ESTTAs filing page to select the Appeal of Refusal to Register form. Enter the subject application serial number and select Start to open the form. Preview the appeal of refusal to register form before filing.

What is the precedent of the TTAB?

A TTAB opinion or decision issued as a precedent, serves as controlling legal authority for attorneys and judges of the TTAB determining later cases involving the same issue(s).

Can the TTAB award damages?

Unlike when a case is brought in state or federal court, the TTAB cannot award damages, attorneys fees, or litigation costs. The tribunal also does not have the power to grant an injunction.

What does TTAB stand for?

The Trademark Trial and Appeal Board (TTAB) handles appeals involving applications to register marks, appeals from expungement or reexamination proceedings involving registrations, and trial cases of various types involving applications or registrations.

18 EWH MM THIS DISPOSITION IS CITABLE AS PRECEDENT OF THE TTAB AUG, 27, 99 U - uspto 2025

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