2015 Service Mark Trademark 
Above the Fold
DECEMBER 21, 2021
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.
LexBlog IP
DECEMBER 21, 2021
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.
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IP Intelligence
JANUARY 4, 2022
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. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted.
LexBlog IP
JANUARY 4, 2022
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. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted. ” Id.
The TTABlog
DECEMBER 13, 2021
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.
The TTABlog
MARCH 12, 2024
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.
The TTABlog
MARCH 22, 2024
Bertini contended that the nonuse occurred "during a period of at least three years and six months after the date of the SOU, namely during November 11, 2011 - May 31, 2015." A trademark registration is presumed valid, and so a party seeking cancellation bears the initial burden of establishing a prima facie case of abandonment.
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