The TTABlog

MAY 29, 2024

Last year, the Board affirmed a refusal to register the proposed mark A S LIVE FOREVER , in the stylized form shown below, for various goods in 14 classes, finding that the phrase fails to function as a trademark. A consumer is likely to buy the goods or services that prominently display the phrase because of the message conveyed.

Service Mark 91

Service Mark Branding Branding Brands 91

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. In re Eagle Crest Inc. ,

Service Mark 78

Service Mark Advertising Advertising Registration 78

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 60

Service Mark Registration Artwork Business 60

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). The object then is to hear out all sides, and offer some thoughts on the recent clamor around acoustic marks and the questions that they present.

Trademark 52

Trademark Registration Music Intellectual Property 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] It officially came into force on October 12, 2014.

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

The TTABlog

SEPTEMBER 23, 2022

Its evidence regarding its first rendering of services under the mark was "characterized by contradictions, inconsistencies, and indefiniteness." Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." 96 USPQ2d 1031, 1036 (TTAB 2010).

Service Mark 40

Service Mark Registration Advertising Advertising 40