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TTABlog Quarterly Index: July - September 2022

The TTABlog

No] Section 2(f) - Acquired Distinctiveness: Lotus-Shaped Acupressure Mat Product Design Lacks Acquired Distinctiveness and Fails to Function as a Service Mark Precedential No. Welch 2022. Abandonment: Precedential No. Abandonment: Precedential No. Anti-Aging Preparations Related to Clothing?

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Precedential No. 22: TTAB Grants Petition to Cancel CHENOA FUND Registration for Mortgage Services Due to Non-Ownership

The TTABlog

Respondent TMRR created and promoted the mark but it did not use the mark in rendering mortgage services, nor was it permitted to do so by the agreement between the parties. 92076723 (August 15, 2022) [precedential] (Opinion by Judge Michael B. In deciding the issue of ownership, the Board was guided by Lyons v.

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TTAB Decides Ownership Dispute Over THE COWBOY ARMS HOTEL AND RECORDING SPA for Recording Studio Services

The TTABlog

In an ownership dispute that "has the makings of a country song," the Board found that legendary country singer Cowboy Jack Clement and Opposer Clementvision, Inc., a company he formed, owned the mark THE COWBOY ARMS HOTEL AND RECORDING SPA for approximately 38 years before Cowboy Jack passed away in 2013. Welch 2022.

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Precedential No. 33: #LAW Fails to Function as a Source Indicator for Legal Referral Services, Says TTAB

The TTABlog

In re Pound Law, LLC , 2022 USPQ2d 1062 (TTAB 2022) [precedential] (Opinion by Judge Cynthia C. The Board observed that, as made clear by the Trademark Act, the USPTO "is statutorily constrained to register matter on the Principal Register if and only if it functions as a mark." In re Brunetti , 2022 USPQ3d 764, at *9.

Law 40
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Precedential No. 26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use

The TTABlog

Harwood International Incorporated , 2022 USPQ2d 862 (TTAB 2022) [precedential] (Opinion by Judge David K. TMEP Section 903.06 (2022). Several press releases were issued at that time, but they did not constitute service mark use. And so it found that JNF had failed to prove prior service mark use.

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TTABlog Quarterly Index: October - December 2021

The TTABlog

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. Lack of Bona Fide Intent: Precedential No.

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Intellectual Property Rights in the Age of Artificial Intelligence: Navigating Challenges and Seizing Opportunities

IIPRD

IPR is the right for the ownership of the property which is not tangible and is the result of your intellect. trademarks, service marks, commercial names, and designations; industrial designs; and any other rights stemming from intellectual endeavors in industrial, scientific, literary, or artistic spheres. 21-2347 (Fed.