The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Comptime, Inc.

Registration 52

Registration Advertising Advertising Copying 52

JIPL Online

FEBRUARY 26, 2021

In June of 2020, the Supreme Court of the United States (“SCOTUS”) held that a “generic.com” is eligible for trademark registration so long as the consumer recognized the mark as a distinguishing member of a certain class of goods or services. [i] The Decision. The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use.

Registration 61

Registration Branding Brands Branding 61

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IPKat

FEBRUARY 17, 2022

In this case, the UK IPO rejected a revocation action on the ground that the proprietor had put its registration to genuine use [decision here , No. If so, read on… Pawing over the evidence… Background On 21 st June 2013, Destileras M.G., If so, read on… Pawing over the evidence… Background On 21 st June 2013, Destileras M.G.,

Registration 52

Registration Public Domain Marketing Marketing 52

The TTABlog

FEBRUARY 22, 2022

In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013). Applicant did not provide direct evidence of acquired distinctiveness, such as survey evidence or consumer declarations, but instead relied on circumstantial evidence regarding its length of use, advertising expenditures, sales, and number of users. TTABlogger comment: WYHA?

Service Mark 78

Service Mark Advertising Advertising Registration 78

The TTABlog

AUGUST 18, 2022

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. Those intentions and expectations are also reflected in promotional and advertising material for the program.

Ownership 45

Ownership Registration Service Mark Contracts 45

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied]. Wandel Mach.

Service Mark 53

Service Mark Registration Licensing Advertising 53

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Durga Trading Corporation was clarified in this case. In Dhiraj Dewani v.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

The TTABlog

OCTOBER 5, 2023

This suggestion was confirmed by Opposer's advertising, which "touts the California sunshine under which Opposer’s citrus fruits are grown." As to commercial strength, there were no third-party uses or registrations of the same or similar sun-kissed formative marks in the industry. It failed to do so.

Advertising 69

Advertising Advertising Marketing Marketing 69

The IPKat

JULY 14, 2022

One of these hurdles is that the subject of the registration, in this case a colour, must constitute a ‘sign’. As such, Meade J found the new description to be worse than the description at issue in the 2013 judgment, considering that the removal of the wording is “ cosmetic at best and does not help. the packaging is purple).

Public Domain 98

Public Domain Advertising Advertising Registration 98

SpicyIP

NOVEMBER 2, 2021

For the benefit of the reader, the diagram taken from the Trademark registry’s portal describe the entire workflow of an application from filing to its registration. Accepted & Advertised. Advertised before acceptance. The Dataset. The dataset consisted of 309,189 marks in total. Exam Report Issued. Rectification Filed.

Reporting 126

Reporting Trademark Advertising Advertising 126

The TTABlog

AUGUST 3, 2022

Respondent established a first use date of December 2013. Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third.

Law 52

Law Registration Designs Design 52

IP and Legal Filings

JANUARY 19, 2023

In an effort to enhance investor protection and reduce financial risk, the government has implemented legislation since 2013 that ban the trading of cryptocurrencies and any connected activity. The 2013 circular on Bitcoin is one of the official opinions on how the Chinese government views cryptocurrencies.

Government 94

Government Marketing Marketing Business 94

The TTABlog

APRIL 19, 2024

The Board sustained this opposition to registration of the proposed mark WOOLWAX for "corrosion inhibitors in the nature of a coating; rust preventatives in the nature of a coating" and for "all purpose lubricants," on the ground of mere descriptiveness under Section 2(e)(1).

Advertising 45

Advertising Advertising Registration Marketing 45

The IPKat

MAY 26, 2024

The course is delivered both offline and online, and the registration is available here. According to the EUIPO case-law ( R-1489/2017 , R-788/2013 ), smileys or emojis are typically used in both advertising and private communication to express positive emotions. Interested candidates are welcome to apply here.

Advertising 62

Advertising Advertising Technology Editing 62

Garrigues Blog

DECEMBER 10, 2024

Acquired distinctiveness is a powerful tool that enables a mark, that would otherwise fall short of the minimum distinctiveness threshold to be registrable as a trademark, to be protected as such. The owner provided a huge amount of evidencing proving that consumers in the EU had been exposed to the mark for many years.

Trademark 52

Trademark Intellectual Property Registration Marketing 52

IP and Legal Filings

SEPTEMBER 12, 2024

3] [Image Sources: Shutterstock] Starbucks vs. Charbucks: This long-running dispute from 2001 to 2013 over a small New Hampshire coffee roaster’s use of “Charbucks” for dark roast coffee, arguing that Starbucks had diluted its famous trademark, places a number of issues regarding trademark dilution and parody at the very centre of this case.

Branding 98

Branding Brands Branding Trademark 98

Indiana Intellectual Property Law

AUGUST 18, 2021

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos. 92077459.

Trademark 52

Trademark Registration Service Mark Designs 52

The IPKat

DECEMBER 17, 2021

The Plaintiffs highlighted specific instances where the Defendants falsely represented themselves as the Plaintiffs when applying for work for the Kenya Film Commission’s Technical Proposal KFC/OT/05/2013/2014 by using the Plaintiffs’ trademark ‘ACAL' without the Plaintiffs’ authority or consent.

Trademark 74

Trademark IP Registering Trademarks Branding 74

The IPKat

JANUARY 6, 2022

In my view the judgment is controversial and arguably misses the bigger picture, including the cumulative impact of more and more broadly drafted registrations on the practice of trade marks. The same could also apply to a company registration. SkyKick has said it would appeal – again – this time to the UK Supreme Court.

Registration 96

Registration Cease and Desist Branding Brands 96

43(B)log

DECEMBER 20, 2022

Nathan directed the allegedly infringing 2013 Documentary, which “tells the story of Pug, a thirteen-year-old child who wants to be a ‘12 O’Clock Boy,’ just like [he] has repeatedly watched in [the 2001 and 2003 Documentaries].” Defendants' 2013 documentary Both parties’ works are “docu-fiction” set in Baltimore. Nathan, F.Supp.3d

Fair Use 52

Fair Use Trademark Copyright Editing 52

43(B)log

JUNE 20, 2022

It has a 2014 registration for “Darkside NYC” for live musical performances by a band; the production of musical sound recordings; and websites with information about music or entertainment. There was no progressive encroachment here; both bands were in NY as of 2013 with the same name and same services. Fans often call it “Darkside.”

Music 59

Music Branding Brands Branding 59

The IPKat

JUNE 11, 2022

Comment This case is a useful reminder that trade mark registrations may not last forever, despite the legacy behind them - such trade marks must still be used in accordance with their essential function. On 24 August 2018, the Cancellation Division revoked the contested marks in respect of all of the goods in Class 9.

Advertising 97

Advertising Advertising Reporting Registration 97

The TTABlog

JANUARY 24, 2022

A design may be so common in the industry that it cannot identify a particular source, in which case registration should be refused "on the ground that the proposed mark fails to function as a mark." Applicant has sold its "Ark" bag since January 2013, with sales increasing sharply in 2017. ordinary consumers who purchase handbags.

Designs 52

Designs Design Registration Music 52

The IPKat

FEBRUARY 23, 2023

In 2013, Cadbury’s registration for Pantone 2685C was held invalid because its description rendered it void for lack of certainty. An appeal in 2018 failed to dodge this finding by trying to argue that the registration was a series of marks (see Volume 5 ). On appeal, Meade J disagreed and upheld the registration.

Registration 76

Registration Advertising Advertising Law 76

The IPKat

APRIL 1, 2024

The examiner of the EUIPO held that it was not an abstract colour mark but a figurative mark and refused registration for lack of distinctiveness ( Art. The history of the registration has been covered here. mm - excitation purity 0.860 - colorimetric purity: 0,894. 7(1)(b) Community Trade Mark Regulation , ‘CTMR’). 7(3) CTMR ).

Art 82

Art Registration Marketing Marketing 82

SpicyIP

JANUARY 16, 2023

Holding “Andamen” word mark and “And Men” device to the dissimilar, the Delhi High Court directed Registry to process the registration of the “Andamen” mark. Delhi High Court allowed an appeal against the order of the respondent and directed it to process the application for registration of the mark “Andamen” under class 18.

Trademark 102

Trademark Designs Design Registration 102

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. The logo is registered with the Copyright Office, and AFK applied for trademark registration as well. AKF sued LCF etc. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

The IPKat

NOVEMBER 27, 2023

Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. 7 (1)(b) of the EUTMR. The public has become accustomed to identifying a particular brand of running shoe or sports shirt based solely on a distinctive sign.

Television 73

Television Branding Brands Branding 73

The IPKat

OCTOBER 31, 2024

registration documents), this is a PGI for a “7-9 cm long sausage”. Back in 2013, the Alicante Appeal Court found that a competitor’s breast-shaped cheese was an evocation of Tetilla, paving the way for further litigation over the evocative shape of products throughout the European Union. According to the product specifications (i.e.

Art 51

Art Advertising Advertising Litigation 51

Kluwer Copyright Blog

NOVEMBER 8, 2021

Since the travel agency had neither requested authorization, nor paid any fees, the Court issued an EU-wide injunction and ordered the removal from market and destruction of the agency’s advertising materials, rejecting, however, the request to close the agency’s website.” The payments should be completed by the end of the year.

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

43(B)log

OCTOBER 4, 2021

WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising. Cases about false advertising of the source of “services” were inapposite. “[T]he This opinion got rid of the counterclaims. “In

False Advertising 59

False Advertising Artwork IP Advertising 59

43(B)log

FEBRUARY 21, 2024

16, 2024) WCT offers a mobile-fitness app called “Bike+” and owns a trademark registration for that name. WCT’s Bike+ mark started as an ITU application on November 23, 2013 for “Downloadable mobile applications for recording and managing cycling activities.” World Champ Tech LLC v. Peloton Interactive, Inc., 2024 WL 665181, No.

Marketing 59

Marketing Marketing Trademark Registration 59

The IPKat

APRIL 26, 2023

A prior design is disclosed where it has been published following registration or otherwise, or exhibited, used in trade, or otherwise disclosed, except where these events could not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the EU ( Art.

Designs 58

Designs Design Art Intellectual Property 58

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

Registration 40

Registration Ownership Licensing Trademark 40