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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 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. Simply calling A S LIVE FOREVER a brand cannot transform an otherwise unregistrable designation into a registrable mark."

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Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

IP Intelligence

If you desire to register a service mark 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).

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Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

LexBlog IP

If you desire to register a service mark 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.

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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? & Design" for Beer? [Yes] Precedential No.

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Three Recent TTAB Oppositions Sustained on the Ground of Non-use

The TTABlog

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. Substring, LLC , Opposition No. Cavalier Rescue of Alabama, Inc.

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Hark! The Herald Trademarks Sing: A Holiday Trademark Extravaganza

LexBlog IP

CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

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Get 2 Go Sued for Alleged Trademark Infringement of getGo®

Indiana Intellectual Property Law

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos.