article thumbnail

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.

article thumbnail

The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. 1] Acharya, M. 2022, February 28).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

CAFC Affirms Cancellation of CAPTAIN CANNABIS Registration: Petitioner Established Priority Via Analogous Trademark Use

The TTABlog

Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek.

article thumbnail

Precedential No. 22: TTAB Grants Petition to Cancel CHENOA FUND Registration for Mortgage Services Due to Non-Ownership

The TTABlog

The fact that TMRR created the mark two years earlier and "promoted the mark" in seeking an entity that would offer the services does not mean it owned the mark. of Veterinary Sports Med. & Rehab. 3d 1023, 123 USPQ2d 1024, 1028 (Fed.

article thumbnail

The Third Circuit Limits Preclusive Effect of the TTAB Rulings

LexBlog IP

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. In 2012, Howard registered THE EBONYS as a federal trademark with the U.S.

article thumbnail

Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

LexBlog IP

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. There’s no roar quite like a Nittany Lion’s!

article thumbnail

TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design?

The TTABlog

Because Crossfirst's filing date was in 2019 and California's in 2017, California had priority. Of course, since the involved services are identical in part, the Board must presume that the channels of trade and classes of consumers for the identical services overlap.

Designs 53