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Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

JD Supra Law

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. 4, 2021) [not precedential] (CHiP). By: BakerHostetler

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Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

IP Intelligence

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. 4, 2021) [not precedential] ( CHiP ). The TTAB affirmed the refusal to register, denying registration under sections 1, 2, 3 and 45 of the Trademark Act.

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Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

LexBlog IP

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. 4, 2021) [not precedential] ( CHiP ). The TTAB affirmed the refusal to register, denying registration under sections 1, 2, 3 and 45 of the Trademark Act.

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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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The TTAB: Service Mark Use Requires More Than Just Preparation

Above the Fold

On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the trademark application; mere preparation to render the services is insufficient. 10, 2021).

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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.