The TTABlog

DECEMBER 13, 2021

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. ,

Service Mark 45

Service Mark Advertising Advertising Business 45

The TTABlog

MARCH 12, 2024

Respondent was permitted to use the mark until December 2017. The licensor allowed the registration to expire in February 2018. In March 2018, Abundance filed its Section 1(a) application to register the mark, claiming use since 2008. The subject registration issued in November 2018. Emphasis supplied].

Service Mark 53

Service Mark Registration Licensing Advertising 53

The TTABlog

JUNE 21, 2021

Here Opposer Barnard relied on his alleged common law service mark rights, claiming that he had used the mark prior to applicant's filing date (its constructive first use date) of March 26, 2019. Opposer Barnard claimed that he started using the MANDALA mark in 2019.

Advertising 52

Advertising Advertising Service Mark Brands 52

The TTABlog

FEBRUARY 1, 2024

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.

Service Mark 49

Service Mark Registration Technology Designs 49

The IPKat

SEPTEMBER 15, 2022

Initially, neither the 1992 Law on Trademarks, Service Marks and Designations of Origin , nor the 1992 Patent Law , had provided that putting patented or trademarked goods onto the market within Russia exhausted IP rights. Is anything here on the list? These provisions were further transferred into the Civil Code in 2006.

IP 133

IP Branding Branding Brands 133

The TTABlog

FEBRUARY 7, 2024

The dispute concerned the extent of Mr. Stott’s involvement in the band’s operations from 1991 until they parted ways in 2018. The group owns the service mark. The band began as a part-time, two-member outfit in Philadelphia in 1990 and became a five-member, full-time band that now performs up and down the east coast.

Ownership 53

Ownership Editing Music Service Mark 53

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark 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.

False Advertising 64

False Advertising Advertising Advertising Copying 64