February 28, 2013

Jenner & Block recently prevailed in a trademark opposition that was tried before the Trademark Trial and Appeal Board (TTAB) at the U.S. Patent and Trademark Office. 

The case arose when a California law firm, The Simmons Firm, filed an application to register its name as a stylized logo in script lettering.  The Jenner & Block client, the law firm of Simmons Browder Gianaris Angelides & Barnerd, which also goes by the name the “Simmons Firm,” opposed granting the trademark. 

In ruling in favor of the opposer, the TTAB agreed with the Firm’s argument that the applicant’s mark was precluded from registration under the Trademark Act § 2(e)(4), as it was merely a surname and had not acquired distinctiveness, either through the stylization of the logo or by virtue of long and exclusive use. 

The Firm’s team was led by Partner Joseph A. Saltiel and included Associate D. Matthew Feldhaus.  Partner Reginald J. Hill provided valuable advice throughout the process.