The TTABlog

FEBRUARY 22, 2022

“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).

Service Mark 78

Service Mark Advertising Advertising Registration 78

The TTABlog

MARCH 12, 2024

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.”

Service Mark 53

Service Mark Registration Licensing Advertising 53

The TTABlog

AUGUST 19, 2024

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. Consequently, "the commensurate burden of proving that it has acquired distinctiveness for either party is heavy."

Registration 49

Registration Advertising Advertising Service Mark 49

Indiana Intellectual Property Law

AUGUST 18, 2021

According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. Service Mark Registrations, Nos. 5,040,314 and 5,040,321 for the mark “GET 2 GO.” Registration No.

Trademark 52

Trademark Registration Service Mark Advertising 52

The TTABlog

AUGUST 18, 2022

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. Under the MSA, TMRR is deemed CBC's "agent" and "contracted day-to-day operator." 3d 1023, 123 USPQ2d 1024, 1028 (Fed.

Ownership 45

Ownership Registration Service Mark Contracts 45

The TTABlog

DECEMBER 18, 2023

Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights. UNIP claimed to have acquired by assignment, common law rights based on use of I AM MORE THAN AN ATHLETE dating back to 2013.

Law 56

Law Registration Service Mark Litigation 56

LexBlog IP

SEPTEMBER 28, 2021

In 1997, Beasley obtained a New Jersey state service mark for THE EBONYS. 4,170,469 [the “’469 mark”]). In 2013, Beasley filed a petition with the TTAB to cancel the ’469 mark, contending that Howard had defrauded the PTO.

Trademark 52

Trademark Service Mark Litigation Blogging 52