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"A S LIVE FOREVER" Fails-to-Function as a Service Mark for Online Retail Store Services, Says TTAB

The TTABlog

Last year, the Board affirmed a refusal to register the proposed mark A S LIVE FOREVER , in the stylized form shown below, for various goods in 14 classes, finding that the phrase fails to function as a trademark. 87405211, 2019 WL 6245131, at *4 (TTAB 2019) (internal punctuation omitted). TTABlogged here ].

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Africa IP highlights 2023: Trade marks

The IPKat

Furthermore, Nollywood actress Ann Njemanze sued famous filmmaker Zeb Ejiro and Filmone Entertainment and Film Trybe Media for infringing on her copyright and trademark of “DOMITILLA”. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal.

IP 81
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"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

The TTABlog

129 USPQ2d 1148, 1149-50 (TTAB 2019)." Applicant's use of the "TM" symbol does not transform the phrase into a trademark. Its intent that the phrase function as a service mark is irrelevant. And so, the Board concluded that GET ORDAINED is merely descriptive of applicant's services, and lacks acquired distinctiveness.

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

The TTABlog

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. Cancellation No.

Designs 64
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TTAB Dismisses Opposition: Applicant Proved Priority Through Assignment of Common Law Mark After Proceeding Commenced

The TTABlog

Applicant UNIP (apparently owned in part by LeBron James) counterclaimed for cancellation of that registration on the ground of likelihood of confusion. 91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. In any case, UNIP's evidence showed that the assignor continued to use the mark prior to the assignment.

Law 67
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"EL CABO" Character Name in TV Show Fails to Function as a Source Indicator for Entertainment Services

The TTABlog

The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services." In re DePorter , 129 USPQ2d 1298, 1299 (TTAB 2019) (citing 15 U.S.C. §§ 1051, 1052, and 1127). Serial Nos.

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Precedential No. 29: After an Exhausting 2(d) Analysis, TTAB Finds HME (Stylized) Confusable with KME for Building Products

The TTABlog

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. KME Germany GmbH v. Zhejiang Hailiang Co.,