The Briefing by Weintraub Tobin

When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla

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A consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusal—but only if it’s done right.

In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss the TTAB’s precedential decision in In re Ye Mystic Krewe of Gasparilla, where the Board rejected a one-page consent agreement as a “naked consent” insufficient to overcome a Section 2(d) refusal.

They unpack:

  • The history of the GASPARILLA application
  • Why the TTAB said the agreement didn’t “show the work”
  • How to draft a consent agreement that will actually persuade the USPTO

    • Don’t miss this one—it’s a practical guide for anyone working with trademarks or brand portfolios. Watch this episode on YouTube.

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