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. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted.

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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. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted. ” Id.

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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.

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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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Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. Service Mark Registrations, Nos. Registration No.

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LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 5361645).

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LexBlog IP

SEPTEMBER 11, 2023

In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. Applicant appealed to the Trademark Trial and Appeal Board (“TTAB”).

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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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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. Not every word on a label or ad is a mark. Not every word on a label or ad is a mark. LStar didn’t plead its own trademark use.

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The TTABlog

AUGUST 29, 2022

Erik Brunetti, famous in the trademark world for knocking the scandalous and immoral provision of Section 2(a) out of the Lanham Act [ TTABlogged here ], returned to the TTAB in this battle over the proposed mark F**K for phone cases, jewelry, bags, and retail store services, in four separate applications.

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Intepat

SEPTEMBER 27, 2024

However, this transformation has significant challenges, such as counterfeiting, trademark infringement , and unauthorized use of copyright contents, faced by the rights holder and the creator, particularly in the domain of intellectual property rights (IPR). Amazon Seller Services Pvt. The Copyright Act, 1957: Under the said act, S.

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LexBlog IP

SEPTEMBER 28, 2021

On September 17, 2021, the Third Circuit held in Beasley v. Howard that trademark cancellation proceedings before the Trademark Trial and Appeal Board (“TTAB”) do not have claim preclusive effect against trademark infringement lawsuits in federal district courts because of the TTAB’s limited jurisdiction.

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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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The TTABlog

SEPTEMBER 23, 2022

Its evidence regarding its first rendering of services under the mark was "characterized by contradictions, inconsistencies, and indefiniteness." Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." Carson , 2021 USPQ2d 1057, at *21.

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The TTABlog

DECEMBER 31, 2021

33: "LOCH MOOSE MONSTER" Fends Off Monster Energy's Lack-of-Bona-Fide-Intent Summary Judgment Motion Nonuse/Specimen of Use: USPTO Issues Examination Guide 1-21: Expungement and Reexamination Proceedings Under the Trademark Modernization Act of 2020 Precedential No. Welch 2021. Lack of Bona Fide Intent: Precedential No.

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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. He said that companies and brands would deal with the conflict between trademark territoriality and the global existence of the internet.

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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. He said that companies and brands would deal with the conflict between trademark territoriality and the global existence of the internet.

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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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LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). The object then is to hear out all sides, and offer some thoughts on the recent clamor around acoustic marks and the questions that they present.

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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 Trademark Act does not refer to trademark bullying explicitly or even implicitly. DoorDash, Inc. TTABlogged here ]. The Board disagreed.

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