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TTABlog Quarterly Index: July - September 2022

The TTABlog

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] 13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal Precedential No. Abandonment: Precedential No.

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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 applicant argued that the USPTO's evidence was too limited, but the Board pointed out that "the Examining Attorney need only establish a reasonable predicate that the phrase fails to function as a mark; the Examining Attorney is not required 'to prove to a moral certainty' that the phrase would not be perceived as a source-indicator.

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Lotus-Shaped Acupressure Mat Product Design Lacks Acquired Distinctiveness and Fails to Function as a Service Mark

The TTABlog

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

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"MADE FOR YOU LAB-GROWN DIAMONDS" Fails to Function as a Trademark For Diamonds, Says TTAB

The TTABlog

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. 88304005 and 88584338 (February 24, 2022) [not precedential] (Opinion by Judge Michael B.

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IP as a political instrument in Russia

The IPKat

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.

IP 132
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"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

The TTABlog

91237315 (February 17, 2022) [not precedential] (Opinion by Judge Christen M. become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Welch 2022. American Marriage Ministries v.

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Around the IP Blogs

The IPKat

Thus, the changes described below are expected to enter into force in a few weeks, except (iii), which will enter into force in spring 2022. Trade marks The EUIPO Observatory launched an awareness campaign entitled “Risks and Damages Posed by IPR Infringement in Europe”. Kluwer Patent Blog reported on the changes.