The TTABlog

MAY 10, 2023

Applicant argued that the Office's evidence - some 14 third-party uses of the phrase and its variants - was insufficient to show how the mark is perceived by the general public. 90976324 (May 5, 2023) [not precedential] (Opinion by Judge Jonathan Hudis). As we note above, some third-party uses are service mark uses.

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The TTABlog

DECEMBER 18, 2023

Applicant UNIP (apparently owned in part by LeBron James) counterclaimed for cancellation of that registration on the ground of likelihood of confusion. 91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. Welch 2023. The sole issue for the Board was priority, and UNIP came in first. Game Plan, Inc.

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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.

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Trademark Registration Registering Trademarks Service Mark 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 1354, 2023 USPQ2d 1337 (Fed. In re Richard M. LLC , 90 F.4th See 15 U.S.C. §§ 1052, 1053.

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Service Mark Registration Trademark Designs 56

The TTABlog

AUGUST 15, 2023

In a whopping 82-page opinion, the Board affirmed the USPTO's refusal to register PARKING.COM , on either the Principal Register or the Supplemental Register, as a service mark for “website providing information regarding parking availability." 87906630 (August 11, 2023) [not precedential] (Opinion by Judge Elizabeth A.

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Service Mark Registration Designs Design 40

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. Welch 2023. KME Germany GmbH v. Zhejiang Hailiang Co.,

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Marketing Marketing Ownership Registration 56

The TTABlog

FEBRUARY 16, 2024

The Board affirmed a refusal to register the proposed mark EXPERIMENTAL AND APPLIED SCIENCES for “Dietary and nutritional supplements” on the ground that the mark is used solely as a trade name to identify applicant's business and therefore is not registrable. 2023) and cases cited therein. 15 U.S.C. § In re Univar Corp.,20

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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. 97115036 (August 28, 2023). Color was not claimed as part of the mark. [1] In re Joseph A.

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Trademark Registration Designs Design 52

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration.

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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. Opposer DoorDash alleged likelihood of confusion with eight registered DOORDASH marks for various goods and services, including food delivery.

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Patently-O

NOVEMBER 17, 2023

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. In order to qualify for federal trademark registration under the Lanham Act, a mark must be able to function as a source identifier. 140 (2023). LLC, 599 U.S.

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Trademark Registration Trademark Law Service Mark 64

The TTABlog

NOVEMBER 16, 2023

14, 2023) [not precedential]. 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) 2579 (2023)). Welch 2023. In re GO & Associates, LLC , Appeal No. 2022-1961 (Fed.

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Registration Service Mark Trademark Trademark Law 56

The TTABlog

JANUARY 23, 2024

14, 2023, re-designated as precedential, January 22, 2024). 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) 2579 (2023)). Welch 2023. 2022-1961 (Fed. 2022), cert.

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