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"A S LIVE FOREVER" Fails-to-Function as a Service Mark for Online Retail Store Services, Says TTAB

The TTABlog

Last year, the Board affirmed a refusal to register the proposed mark A S LIVE FOREVER , in the stylized form shown below, for various goods in 14 classes, finding that the phrase fails to function as a trademark. 97359799 (May 22, 2024) [not precedential] (Opinion by Judge Wendy B. Text Copyright John L. Welch 2024.

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Trade Name Use is not Trademark Use, Says TTAB

The TTABlog

88291540 (February 14, 2024) [not precedential] (Opinion by Judge Martha B. A “trade name” is defined in Section 45 of the Trademark Act as “any name used by a person to identify his or her business or vocation.” A designation used merely as a trade name cannot be registered under the provisions of the Trademark Act."

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Finding MRS. COLORADO Use-less, TTAB Grants Petition for Cancellation

The TTABlog

92071814 (March 8, 2024) [not precedential] (Opinion by Judge Melanye K. Abundance had a license from Mrs. Patricia Dampier to use the mark MRS. COLORADO for its beauty pageant, but that license was terminated in 2015. Rendering services requires actual provision of services.” Text Copyright John L. Welch 2024.

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Precedential No. 14: TTAB Affirms Two Expungement Decisions Based on Nonuse of SMARTLOCK for Evaporative Air Coolers

The TTABlog

The Board found that Registrant Locus Link USA never used the mark in connection with "evaporative air coolers," and rejected Locus Link's interpretation of the identification of goods. 2022-100137E and 2022-100138E (July 1, 2024) [precedential] (Opinion by Judge Jennifer L. Text Copyright John L. Welch 2024.

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Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Technology & Marketing Law Blog

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v.

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WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! Fails to Function as a Source Indicator for. Guess What?

The TTABlog

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." 90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. Text Copyright John L. Welch 2024.

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TTAB Denies Bertini's Petition for Cancellation of APPLE Registration Due to Failure of Proof of Abandonment

The TTABlog

92068213 (March 20, 2024) [not precedential] (Opinion by Judge Peter W. A trademark registration is presumed valid, and so a party seeking cancellation bears the initial burden of establishing a prima facie case of abandonment. and websites that do not display the APPLE mark. Text Copyright John L. Welch 2024.