2021, Advertising, Ownership and Service Mark

Search:

DAY

WEEK

MONTH

YEAR

Select your country:
Sign up | Log in

2021

Advertising

Ownership

Service Mark

Precedential No. 26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use

The TTABlog

SEPTEMBER 23, 2022

Petitioner claimed that its restaurant had a "soft opening" in September 2014, with the mark THE HAPPIEST HOUR displayed on signage, but its evidence was "contradictory, inconsistent, and indefinite." Several press releases were issued at that time, but they did not constitute service mark use. Carson , 2021 USPQ2d 1057, at *21.

Service Mark

Service Mark Registration Advertising Advertising

TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

False Advertising

False Advertising Ownership Service Mark Advertising

Intellectual Property Pulse

Precedential No. 26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use

TM co-owner can't challenge uses authorized by other co-owners (bonus Lexmark reasoning)

Stay Connected