We were proud to deliver a Win for our client in its Trademark Trial and Appeal Board (“TTAB”) battle to reverse the examining attorney’s decision refusing to register our client’s trademark GAMEGUARDIAN. The TTAB rarely reverses USPTO examining attorneys’ refusal to register trademark decisions but after briefing and an oral hearing, the TTAB did just that. Thus, WB Mills’ recent victory in appealing an examining attorneys’ decision to refuse registration of its clients’ trademark GAMEGUARDIAN is truly a rare victory. After the TTAB’s reversal of the examining attorney’s decision, GAMEGUARDIAN was registered on the United States Patent and Trademark Office’s Principal Register.
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Dallas Jury Returns Verdict In Favor of Defendant Finding That the “X-RAY CE” Trademark is Generic
Dallas, Texas (October 2, 2018) – On September 26, 2018, after a three-day jury trial, a Federal Jury in Dallas returned a verdict in favor of Defendant XRC, LLC that the registered trademark X-RAY CE is generic. XRC LLC operates the website CE4RT.com offering continuing education credits for radiologic technologists. CE is the abbreviation for Continuing Education. X-Ray Techs or Radiologic Technologists are required by each State to obtain Continuing Education Courses to maintain their licenses. Wendy B. Mills, Attorney for Defendant XRC, LLC said, “the Jury listened to the testimony presented by each side and returned a verdict that the trademark is generic.”
Pursuant to the Jury Verdict finding that the trademark is generic, on September 27, 2018, United States Magistrate Judge Renee Harris Toliver issued the Final Judgment in this matter and ordered the Director of the United States Patent and Trademark Office to cancel the registration for the trademark X-RAY CE.
This case is: Robert Vandling d/b/a X-Ray CE v. XRC, LLC and XRC, LLC v. Wendy Vandling; Case No. 3:16-cv-01399-BK in the United States District Court for the Northern District of Texas, Dallas Division.