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If you desire to register a servicemark 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.,
If you desire to register a servicemark 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.
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 servicemark." 113 USPQ2d 1964, 1973 (TTAB 2015) (finding design of monster truck to be analogous to product packaging for exhibition services).
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