The TTABlog

MAY 29, 2024

Applicant feebly asserted that the evidence showed use of A S LIVE FOREVER "in an ornamental fashion, but that was the Examining Attorney's point: the phrase "would be perceived as a common message whether described as a parody, meme or lament; it does not indicate the source of Applicant’s services. Eagle Crest , 2010 WL 3441109, at *3."

Service Mark 116

Service Mark Branding Brands Branding 116

The TTABlog

FEBRUARY 22, 2022

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Would you have applied for registration?

Service Mark 76

Service Mark Advertising Advertising Registration 76

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. 96 USPQ2d 1031, 1036 (TTAB 2010). Elder Mfg.

Service Mark 52

Service Mark Registration Advertising Advertising 52

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1]

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

The TTABlog

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

Service Mark 76

Service Mark Registration Artwork Business 76

LexBlog IP

SEPTEMBER 29, 2022

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. The Ardagh analysis echoes the analysis found in American courts and registration controversies, such as in the case of Ride The Ducks, LLC v.

Trademark 52

Trademark Registration Music Intellectual Property 52