LexBlog IP

JANUARY 4, 2022

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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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? Welch 2021. In re Alessandra Suuberg , Serial No. See Stawski v.

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The TTABlog

JULY 16, 2021

Respondent's rope-a-dope defense proved to be successful in this cancellation proceeding aimed at a registration for the mark ONEPACKET (standard form) for computer-related services. 92069714 (July 2, 2021) [not precedential] (Opinion by Judge Linda A. What if the registrant has no intent one way or the other?

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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.

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

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Indiana Intellectual Property Law

AUGUST 18, 2021

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.

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The TTABlog

AUGUST 29, 2022

Sections 1 and 2 provide for registration of "trademark[s] by which goods of the applicant may be distinguished from the goods of others." Section 3 states that service marks are registrable "in the same manner and with the same effect as trademarks." are not registrable." of Kentucky v. Brunetti controls here.

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LexBlog IP

DECEMBER 19, 2023

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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LexBlog IP

SEPTEMBER 11, 2023

In doing so the Board held that video game characters are not per se registrable without a showing that they function as marks. Color was not claimed as part of the mark. [1] ” Instead, Applicant argued that any display of the character on the specimens submitted to support registration suffices to show use as a trademark.

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The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. Carson , 2021 USPQ2d 1057, at *21. See Couture v.

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LexBlog IP

SEPTEMBER 28, 2021

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”]).

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43(B)log

SEPTEMBER 16, 2021

PureThink, LLC, 2021 WL 2483778, No. May 18, 2021) Neo4j specializes in graph database management systems. It has trademark registrations for the word mark “NEO4J.” Neo4j, Inc. 5:18-cv-07182-EJD (N.D. I still don’t know what that means, but ok.]

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LexBlog IP

SEPTEMBER 29, 2022

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.

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