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Precedential No. 20: Supplemental Registration for PERMITS.COM Cancelled by Prior User of PERMIT.COM Despite No Acquired Distinctiveness

The TTABlog

Petitioner began using its mark in 2013, spent more than $500,000 in promotional efforts, and garnered some $49M in total revenue while securing approximately 70,000 permits for its customers. Furthermore, petitioner's sales and advertising figures were not placed in industry context. Text Copyright John L. Welch 2024.

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Finding MRS. COLORADO Use-less, TTAB Grants Petition for Cancellation

The TTABlog

COLORADO mark in commerce as of the filing date of the underlying application because it had not yet rendered any pageant services under the mark, and that any prior use under the license inured to the benefit of the licensor, not to Abundance. Rendering services requires actual provision of services.”

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"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

The TTABlog

“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. Its intent that the phrase function as a service mark is irrelevant. In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013).

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Precedential No. 22: TTAB Grants Petition to Cancel CHENOA FUND Registration for Mortgage Services Due to Non-Ownership

The TTABlog

TMRR created the mark CHENOA FUND and the logo. In 2013 the parties signed a Management Services Agreement (MSA) to provide the program, and Petitioner CBC Mortgage was formed pursuant to the MSA. Those intentions and expectations are also reflected in promotional and advertising material for the program. Welch 2022.