2021 Copyright Service Mark 
The TTABlog
MAY 29, 2024
The Board observed that "[t]he critical inquiry in determining whether a proposed mark functions as a trademark is how the relevant public perceives the term sought to be registered." 2021 WL 839189, at *13. Text Copyright John L. Here, the third-party evidence made no reference to the applicant. Welch 2024.
The TTABlog
DECEMBER 13, 2021
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). What is the first use date for the restaurant's services? Text Copyright John L. Welch 2021. See Stawski v.
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The IPKat
SEPTEMBER 15, 2022
In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.
The TTABlog
JUNE 21, 2021
91252489 (June 16, 2021) [not precedential] (Opinion by Judge Frances S. Here Opposer Barnard relied on his alleged common law service mark rights, claiming that he had used the mark prior to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. Text Copyright John L. Welch 2021.
The TTABlog
NOVEMBER 27, 2023
Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.
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. Don't try to register a use-less mark? Welch 2024.
The TTABlog
JULY 16, 2021
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its use or nonuse of the mark, and respondent did not respond to Equinix's discovery requests. 92069714 (July 2, 2021) [not precedential] (Opinion by Judge Linda A. Text Copyright John L. Welch 2021.
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