IP and Legal Filings

FEBRUARY 2, 2024

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. 2022, February 28). 1] Acharya, M.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

The TTABlog

JULY 8, 2024

In this appeal from final refusals issued in two expungement proceedings, the Board affirmed the USPTO Director's decision to cancel registrations for the mark SMARTLOCK , in standard character and design form, for "Components for air conditioning and cooling systems, namely, evaporative air coolers." Examining Attorney Laura E.

Registration 56

Registration Service Mark Designs Design 56

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.

Service Mark 60

Service Mark Registration Artwork Business 60

Indiana Intellectual Property Law

DECEMBER 13, 2024

My Market, LLC has been operating as a convenience store in Fort Wayne, Indiana , and holds a federal trademark for the service mark “MY MARKET FISH CHICKEN SANDWICHES SHRIMP” (U.S. Trademark Registration No. 6,935,101), which was granted on December 27, 2022.

Marketing 52

Marketing Marketing Trademark Service Mark 52

IP Intelligence

FEBRUARY 8, 2022

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , The examining attorney and the Board refused registration of both versions for failure to function as a mark. an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS.

Service Mark 52

Service Mark Registration Design Designs 52

LexBlog IP

FEBRUARY 8, 2022

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , The examining attorney and the Board refused registration of both versions for failure to function as a mark. an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS.

Service Mark 52

Service Mark Registration Design Designs 52

43(B)log

OCTOBER 11, 2022

1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. The actionable alleged misrepresentation is that defendant performed the relevant services.

False Advertising 64

False Advertising Advertising Advertising Copying 64

The TTABlog

AUGUST 29, 2022

88308426, 88308434, 88308451, and 88310900 (August 22, 2022) [precedential] (Opinion by Judge Mark Lebow). Sections 1 and 2 provide for registration of "trademark[s] by which goods of the applicant may be distinguished from the goods of others." are not registrable." Welch 2022. In re Erik Brunetti , Serial Nos.

Registration 52

Registration Service Mark Trademark Government 52

The TTABlog

MARCH 27, 2024

The Board affirmed a refusal to register the proposed mark WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! finding that the phrase fails to function as a service mark for "legal services." 4th 1348, 2022 USPQ2d 115, at *3 (Fed. In re Richard M. See 15 U.S.C. §§ 1052, 1053. In In re Vox Populi Registry Ltd. ,

Service Mark 56

Service Mark Registration Trademark Designs 56

The TTABlog

AUGUST 26, 2022

The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services." 87916944 and 879169481 (August 24, 2022) [not precedential] (Opinion by Judge Peter W. Welch 2022. Serial Nos.

Television 64

Television Designs Design Service Mark 64

The TTABlog

NOVEMBER 14, 2022

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

Law Service Mark Registration Trademark 40

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? [Yes] Precedential No. Lack of Bona Fide Intent: Precedential No.

Registration 69

Registration Cinema Trademark Reporting 69

LexBlog IP

DECEMBER 19, 2023

CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. TMEP Section 903.06 (2022). Emphasis by the Board).

Service Mark 40

Service Mark Registration Advertising Advertising 40

IIPRD

JUNE 13, 2024

trademarks, service marks, commercial names, and designations; industrial designs; and any other rights stemming from intellectual endeavors in industrial, scientific, literary, or artistic spheres. But in the current scenario, AI is causing greater challenges to the trademark law as well. 3] PRACTICE AND PROCEDURE MANUAL. [4]

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

LexBlog IP

JANUARY 11, 2022

You may use the circled “R” (®) only after successfully trademark registration. However, you may use “TM” ( ) and “SM” (℠) even if you did not file for registration. Below, I break down in greater detail what these marks mean. In fact, you do not need to use it, but it is wise idea.

Trademark 52

Trademark Registering Trademarks Registration Copying 52

LexBlog IP

SEPTEMBER 29, 2022

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. The Ardagh analysis echoes the analysis found in American courts and registration controversies, such as in the case of Ride The Ducks, LLC v.

Trademark 52

Trademark Registration Music Intellectual Property 52

Patently-O

NOVEMBER 17, 2023

In In re GO & Associates, LLC , 2022-1961 (Fed. 13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark. Isaacs , 2022-1434 (Fed. In Trek Bicycle Corp. The Trademark Manual of Examining Procedure (TMEP) § 1202.04

Trademark 64

Trademark Registration Trademark Law Service Mark 64

The TTABlog

NOVEMBER 16, 2023

2022-1961 (Fed. The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022), cert. In re GO & Associates, LLC , Appeal No. 14, 2023) [not precedential]. 4th 1328, 1331 (Fed.

Registration 56

Registration Service Mark Trademark Trademark Law 56

The TTABlog

JANUARY 23, 2024

2022-1961 (Fed. The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022), cert. At the request of the USPTO under Fed. The TMEP is not the law - ed. ]. 4th 1328, 1331 (Fed.

Designs 49

Designs Design Registration Service Mark 49

The TTABlog

APRIL 22, 2022

The Board ruled that the proposed mark "would be perceived by consumers as a widely used social and political message and therefore merely informational in nature, as opposed to a source indicator of Applicant's goods and services." 88944728 (April 20, 2022) [not precedential] (Opinion by Judge Cheryl S. Welch 2022.

Social Media 40

Social Media Service Mark Trademark Registration 40