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and its variants - was insufficient to show how the mark is perceived by the general public. 90976324 (May 5, 2023) [not precedential] (Opinion by Judge Jonathan Hudis).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.

Artwork 60

Artwork Service Mark Registration Trademark 60

The TTABlog

OCTOBER 20, 2023

Andrusiek , 2023 USPQ2d XXX (Fed. 2023) [not precedential]. The appellate court noted that a party may try to show that it acquired proprietary rights in a mark as a result of “prior use analogous to trademark or service mark use.” The court therefore affirmed the "cancellation of Appellant's mark."

Registration 58

Registration Trademark Service Mark Marketing 58

The TTABlog

AUGUST 18, 2023

The Board affirmed a failure-to-function refusal to register WHEN THERE ARE NINE , in standard character form, as a service mark for "providing educational scholarships." 90525583 (August 16, 2023) [not precedential] (Opinion by Judge Wendy Boldt Cohen). may influence how the [mark] is perceived.’” Welch 2023.

Service Mark 40

Service Mark Art Trademark Copyright 40

Patently-O

JANUARY 26, 2024

2023/2024) In a non-precedential 2023 decision, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) refusing to register “ Everybody vs Racism ” as a trademark for apparel, tote bags, and services promoting racial justice advocacy. In re GO & Associates , 22-1961 (Fed.

Registration 64

Registration Trademark Service Mark Trademark Law 64

The TTABlog

DECEMBER 18, 2023

91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights. Welch 2023. The sole issue for the Board was priority, and UNIP came in first. Game Plan, Inc.

Law 56

Law Registration Service Mark Litigation 56

The TTABlog

FEBRUARY 16, 2024

The distinction between trade name use and either trademark or service mark use is often a difficult one to make and often is nebulous in character.” 2023) and cases cited therein. See , e.g. , In re Letica Corp. , 226 USPQ 276, 277 (TTAB 1985). A designation may function as both a trade name and a trademark. In re Univar Corp.,20

Trademark 53

Trademark Designs Design Service Mark 53

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. Russell , Serial No. LLC , 90 F.4th

Service Mark 56

Service Mark Registration Trademark Design 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.

Service Mark 40

Service Mark Registration Design Designs 40

The TTABlog

OCTOBER 10, 2023

And the parties’ market interface weighed slightly in favor of opposer "to the extent the parties acknowledged a need for Applicant to choose a non-confusingly similar mark." 2023 USPQ2d 1136 (TTAB 2023) [precedential] (Opinion by Judge Cindy B Greenbaum). Welch 2023. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 56

Marketing Marketing Ownership Registration 56

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.).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

LexBlog IP

DECEMBER 19, 2023

” 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. We wonder if MR. HANUKKAH or HANNAH have met the newcomer, HANUKKAH VERONICA THE MITZVAH FAIRY, registered in August 2023 (Registration No. That was a close one!

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

The TTABlog

JUNE 1, 2023

88412764 and 88437801 (May 25, 2023) [precedential] (Opinion by Judge Jonathan Hudis). Inherent Distinctiveness: The Supreme Court's decision in Two Pesos , involving the decor of a Mexican restaurant, established that "adornments in a building structure" may be protectable as a service mark." Welch 2023. Serial Nos.

Designs 40

Designs Design Advertising Advertising 40

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). In re Joseph A. Stallard , Serial No. In re Hechinger Inv.

Trademark 52

Trademark Registration Designs Design 52

43(B)log

OCTOBER 24, 2023

Marshall, 2023 WL 6963661, No. 20, 2023) In 1991, Reed and defendants Marshall and Harris formed the recording group Jade, and in 1992 they signed an exclusive recording agreement with a now-defunct label, Giant. H-21-3942 (S.D. as ‘work for hire.’”

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

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 Board concluded that Blizzards activities under the marks constitute use of the marks that satisfies the requirement of the Trademark Act.

Registration 64

Registration Service Mark Trademark Art 64

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. The threshold determination is whether the public perceives the mark as a source identifier rather than an informational message or sentiment. .” 140 (2023).

Trademark 64

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.

Registration 56

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. At the request of the USPTO under Fed.

Designs 49

Designs Design Registration Service Mark 49