IP Intelligence

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). Suuberg , at p.

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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 IPKat

SEPTEMBER 15, 2022

These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code. Before the 2021 amendment, such use was allowed only for reasons of public defense and security. The latter unsuccessfully contested this governmental order before the Supreme Court in May 2021. Is anything here on the list?

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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

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91252489 (June 16, 2021) [not precedential] (Opinion by Judge Frances S. Here Opposer Barnard relied on his alleged common law service mark rights, claiming that he had used the mark prior to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. Welch 2021. Mandala Wear, LLC , Opposition No.

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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.

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43(B)log

OCTOBER 4, 2021

Vining, 2021 WL 4344891, No. Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. LStar Development Gp., 5:20-CV-184-FL (E.D.N.C.

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Indiana Intellectual Property Law

AUGUST 18, 2021

After acquiring the Fort Wayne Rickers stores, Plaintiffs apparently became aware of Defendants’, Get 2 Go , Virk Brothers, LLC, and Charanjit Singh, use of the name and trademarks GET 2 GO in connection with three retail convenience stores in Fort Wayne (the “Infringing Marks”). Service Mark Registrations, Nos.

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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. Welch 2021. Equinix, Inc.

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The TTABlog

AUGUST 29, 2022

Section 3 states that service marks are registrable "in the same manner and with the same effect as trademarks." Section 45 defines a "trademark" and a "service mark" as something that identifies and distinguishes goods and services from those of others. of Kentucky v. Brunetti controls here.

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The TTABlog

SEPTEMBER 15, 2021

the degree of purchaser care) and the dissimilarity of the marks" outweighed the other DuPont factors. 91225279 (September 10, 2021) [not precedential] (Opinion by Judge Marc A. Second, the representative samples of Opposer’s advertising focus on the CME GROUP mark and CME GROUP logo, not the NYMEX mark. Welch 2021.

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The TTABlog

SEPTEMBER 23, 2022

Petitioner claimed that its restaurant had a "soft opening" in September 2014, with the mark THE HAPPIEST HOUR displayed on signage, but its evidence was "contradictory, inconsistent, and indefinite." Several press releases were issued at that time, but they did not constitute service mark use. Carson , 2021 USPQ2d 1057, at *21.

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Intepat

SEPTEMBER 27, 2024

Obligation of e-commerce platforms to offer complete seller’s information: Legal Basis There are legislations governing the IPR protection in e-commerce platform which create an obligation to the intermediaries to address the issue regarding seller data disclosure and IPR protection in the digital marketplace: Trade Marks Act, 1991 : As per S.

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LexBlog IP

DECEMBER 19, 2023

But then, in 2021, a Christmas miracle occurred: he found his true love, Mrs. Christmas ( i.e. , MR. CHRISTMAS’s owner successfully registered the MRS. CHRISTMAS mark, Registration No. No one opposed registration, but ultimately, the applicant failed to provide a statement of use evidencing use of the mark in commerce.

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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. 4,170,469 [the “’469 mark”]). ” The Ebonys were founded by Beasley in 1969 and achieved some commercial success in the 1970s. .”

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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. Neo4j, Inc. 5:18-cv-07182-EJD (N.D. Neo4j USA’s platform helps organizations make sense of their data by revealing how people, processes and digital systems are interrelated.” [I I still don’t know what that means, but ok.]

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LexBlog IP

SEPTEMBER 11, 2023

While the TTAB confirmed that it is possible to register a fictitious or fanciful character, the use of a fictitious or fanciful character: [M]ust be perceived by the purchasing public not just as a character but also as a mark which identifies and distinguishes the source of the goods or services. In re Hechinger Inv.

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The TTABlog

DECEMBER 31, 2021

34: TTAB Affirms Nonuse Refusal - Service Mark Use Requires Rendering of the Services, Not Just Preparation TTAB Affirms Refusal of "MADE FOR MORE" for Employee Recruitment: Not Rendered for the Benefit of Others Precedential No. Welch 2021. Lack of Bona Fide Intent: Precedential No. Text Copyright John L.

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43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

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Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer.

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Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

On January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer.

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LexBlog IP

SEPTEMBER 29, 2022

.” General Court of the European Union PRESS RELEASE No 120/21 Luxembourg, 7 July 2021 entitled “The Court gives a ruling for the first time on the registration of a sound mark submitted in audio format.”; ”; see also ILN Today, July 15, 2021. 3137680), the lightsaber sound from Star Wars (as Reg.

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The TTABlog

JANUARY 9, 2025

It also produced documents during discovery supposedly disclosing an event held prior to April 2021 in the United States but shown to be referencing a 2023 event in Shanghai China. The Board concluded that Blizzards activities under the marks constitute use of the marks that satisfies the requirement of the Trademark Act.

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