The USPTO might reject a trademark application for various reasons, including that it is “merely descriptive” or that it is “confusingly similar” to another registered or applied-for mark. In addition, a third party, such as a competitor, might oppose your trademark application for the same or related reasons. When that happens, the USPTO’s Trademark Trial and Appeal Board (“TTAB”) serves as the tribunal to resolve the issues.
In September 2022, the TTAB will conduct hearings in two separate cases which involve arguably well-known Florida locations.
First, on September 15, the TTAB will hear oral argument in a case wherein the USPTO refused to register the design of the Seminole Hard Rock Hotel & Casino in Hollywood, Florida. (Yes, there is a Hollywood, Florida, and, yes, you can register a design as a trademark – contact us to find out how!)
The building itself is shaped like a guitar, as shown in the below snip from a specimen filed with the USPTO:
The USPTO found that the guitar-shaped building was not “inherently distinctive” under the law, and thus not entitled to registration absent proving “acquired distinctiveness.” While the USPTO did accept that the “Guitar Tower” has acquired distinctiveness, the Seminole Tribe (owner of the mark) still appealed that refusal in order to obtain a registration without the “asterisk” that an “acquired distinctiveness” registration brings.
Second, on September 23, the USPTO’s TTAB will conduct a hearing in a dispute between the Greater Orlando Aviation Authority and the Sanford Airport Authority. The Greater Orlando Aviation Authority operates the Orlando International Airport, and the Sanford Airport Authority runs the much smaller OrlandoSanford International Airport in Sanford. The airports are approximately 40 miles from each other, and both cater to business and vacationing travelers.
In the above trademarks, “Orlando Sanford” and “International Airport” are disclaimed from the Sanford airport’s mark, and “International Airport” is disclaimed from the OIA mark. This appeal was started in 2017 and is still underway!
We will report back with any updates to these Florida-centric trademark disputes.
