2024 Designs Registration Service Mark 
The TTABlog
MAY 29, 2024
97359799 (May 22, 2024) [not precedential] (Opinion by Judge Wendy B. The Board observed that "[t]he critical inquiry in determining whether a proposed mark functions as a trademark is how the relevant public perceives the term sought to be registered." Welch 2024. In re Kirill’s Big Brain, LLC , Serial No.
The TTABlog
JANUARY 17, 2024
Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. 92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. How do you think this came out?
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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." Welch 2024.
The TTABlog
FEBRUARY 1, 2024
Here are three recent TTAB rulings, each sustaining an opposition based upon non-use of the opposed service mark. For a service mark, the services must be rendered in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. 91277497 (January 18, 2024) [not precedential] (By the Board).
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. A designation may function as both a trade name and a trademark.
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 finding that the phrase fails to function as a service mark for "legal services." 90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. Welch 2024. In re Richard M. Russell , Serial No.
The TTABlog
JUNE 11, 2024
The Leathernecks Motorcycle Club was thwarted in its attempt to register the collective membership mark LEATHERNECKS in the design form shown immediately below. 90498154 (June 6, 2024) [precedential] (Opinion by Judge Cindy B. 90498154 (June 6, 2024) [precedential] (Opinion by Judge Cindy B. Greenbaum).
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