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On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that servicemark use requires that an applicant actually render the services recited in the trademark application; mere preparation to render the services is insufficient. 10, 2021).
On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that servicemark use requires that an applicant actually render the services recited in the trademark application; mere preparation to render the services is insufficient. 10, 2021).
If you desire to register a servicemark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Instead, the services must be actually rendered in connection with the mark for a registration to be granted. Patent and Trademark Office (USPTO). Suuberg , at p.
Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. 91252489 (June 16, 2021) [not precedential] (Opinion by Judge Frances S. Welch 2021.
Vining, 2021 WL 4344891, No. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or servicemarks were. Not every word on a label or ad is a mark. LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. LStar didn’t plead its own trademark use.
If you desire to register a servicemark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Instead, the services must be actually rendered in connection with the mark for a registration to be granted. Patent and Trademark Office (USPTO). ” Id.
Applicant Suuberg made preparatory measures to use the mark but never rendered the services before her filing date. 88234650 (December 10, 2021) [precedential] (Opinion by Judge Albert Zervas). The CAFC declared that "an applicant’s preparations to use a mark in commerce are insufficient to constitute use in commerce.
PureThink, LLC, 2021 WL 2483778, No. May 18, 2021) Neo4j specializes in graph database management systems. Summary judgment granted on state and federal false advertising claims. Relief: Given the First Amendment interests involved, the Court “may not enjoin nominative use of the mark altogether.” Neo4j, Inc.
Because several of the getGo® Marks have been in use continuously since at least 2003, and Plaintiffs apparently complied with all further requirements, they are incontestable under 15 U.S.C. Further, Giant Eagle claims it has spent millions of dollars to advertise and promote its services using the getGo® Marks.
the degree of purchaser care) and the dissimilarity of the marks" outweighed the other DuPont factors. 91225279 (September 10, 2021) [not precedential] (Opinion by Judge Marc A. Second, the representative samples of Opposer’s advertising focus on the CME GROUP mark and CME GROUP logo, not the NYMEX mark.
The record consisted only of circumstantial evidence of abandonment; Equinix did not take the testimony of respondent regarding its use or nonuse of the mark, and respondent did not respond to Equinix's discovery requests. 92069714 (July 2, 2021) [not precedential] (Opinion by Judge Linda A. Welch 2021. Equinix, Inc.
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 servicemark use. Carson , 2021 USPQ2d 1057, at *21.
The Giant agreement provided that the servicemark “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.
On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer. However, Amazon said that the case was about stopping shoppers in the UK/EU from seeing BHFP products, and Mr.
On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer. However, Amazon said that the case was about stopping shoppers in the UK/EU from seeing BHFP products, and Mr.
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