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The TTAB: Service Mark Use Requires More Than Just Preparation

LexBlog IP

On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the trademark application; mere preparation to render the services is insufficient. ” Opinion, at p. Opinion, at pp.

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The TTAB: Service Mark Use Requires More Than Just Preparation

Above the Fold

On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the trademark application; mere preparation to render the services is insufficient. Opinion, at p. Opinion, at pp.

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Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

IP Intelligence

If you desire to register a service mark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Instead, the services must be actually rendered in connection with the mark for a registration to be granted. Patent and Trademark Office (USPTO). Playdom, Inc.,

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Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

LexBlog IP

If you desire to register a service mark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Instead, the services must be actually rendered in connection with the mark for a registration to be granted. Patent and Trademark Office (USPTO). ” Id.

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Precedential No. 34: TTAB Affirms Nonuse Refusal - Service Mark Use Requires Rendering of the Services, Not Just Preparation

The TTABlog

In an application based on use in commerce under Section 1(a) of the Lanham Act, the applicant must use the mark in commerce on or in connection with all the goods and services listed in the application as of the application filing date. See Couture v. Playdom, Inc. , 3d 1379, 113 USPQ2d 2042, 2043 (Fed. See Stawski v.

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

The TTABlog

Abundance had a license from Mrs. Patricia Dampier to use the mark MRS. COLORADO for its beauty pageant, but that license was terminated in 2015. Respondent was permitted to use the mark until December 2017. In March 2018, Abundance filed its Section 1(a) application to register the mark, claiming use since 2008.

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Precedential No. 17: TTAB Finds Hotel Shape Not Inherently Distinctive and Lacking in Acquired Distinctiveness

The TTABlog

Inherent Distinctiveness: The Supreme Court's decision in Two Pesos , involving the decor of a Mexican restaurant, established that "adornments in a building structure" may be protectable as a service mark." 113 USPQ2d 1964, 1973 (TTAB 2015) (finding design of monster truck to be analogous to product packaging for exhibition services).

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