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

The TTABlog

The same applicant met the same fate in this attempt to register that same phrase for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows." 2021 WL 839189, at *13.

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TTABlog Quarterly Index: October - December 2021

The TTABlog

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? Yes] Precedential No.

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The Third Circuit Limits Preclusive Effect of the TTAB Rulings

LexBlog IP

On September 17, 2021, the Third Circuit held in Beasley v. In 1997, Beasley obtained a New Jersey state service mark for THE EBONYS. Patent & Trademark Office (“PTO”) (THE EBONYS, Registration No. 4,170,469 [the “’469 mark”]). 2019); Jim Beam Brands Co. Hargis Indus.,

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Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

LexBlog IP

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. ”; see also ILN Today, July 15, 2021. .” ”; see also ILN Today, July 15, 2021. ” Ardagh at par. Duck Boat Tours, Inc.