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

The TTABlog

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied].

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Precedential No. 20: Supplemental Registration for PERMITS.COM Cancelled by Prior User of PERMIT.COM Despite No Acquired Distinctiveness

The TTABlog

In a "somewhat unusual" Section 2(d) cancellation proceeding targeting a Supplemental Register registration and involving "dueling claims of acquired distinctiveness," the Board granted a petition for cancellation of Fieldvine's Inc's registration for the mark PERMITS.COM for construction permit services.

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

The TTABlog

Applicant’s incorporation of her organization, application for tax-exempt status and registration of her domain name did not accord her service mark rights. Lawson , 129 USPQ2d 1036, 1045 (TTAB 2018) (citing Brookfield Comms., See Stawski v. 3d 1036, 50 USPQ2d 1545, 1555 (9th Cir. 1999); In re Letica Corp. ,

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Three Recent TTAB Oppositions Sustained on the Ground of Non-use

The TTABlog

Here are three recent TTAB rulings, each sustaining an opposition based upon non-use of the opposed service mark. For a service mark, the services must be rendered in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. PayNearMe, Inc. Substring, LLC , Opposition No.

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copying competitor's website & reviews creates (c), TM, false advertising problems

43(B)log

Boston Suburban allegedly continued to use the “Logan Car Servicemark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms. The actionable alleged misrepresentation is that defendant performed the relevant services.

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Get 2 Go Sued for Alleged Trademark Infringement of getGo®

Indiana Intellectual Property Law

According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. Registration No. Service Mark Registrations, Nos. 5,040,314 and 5,040,321 for the mark “GET 2 GO.” Get To Know GetGo. 92077459.

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In a Unanimous Decision, TTAB Dismisses SPLIT DECISION Opposition: Billy Stott Failed to Prove Ownership of the Band Name

The TTABlog

The Board dismissed an opposition to registration of SPLIT DECISION for "Entertainment services in the nature of live visual and audio performances, namely, musical rock band," finding that Opposer Billy Stott failed to carry his burden to prove that Applicant Split Decision Music, LLC was not the owner of the mark.