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

The TTABlog

97359799 (May 22, 2024) [not precedential] (Opinion by Judge Wendy B. The Board observed that "[t]he critical inquiry in determining whether a proposed mark functions as a trademark is how the relevant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.

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TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design?

The TTABlog

92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. Of course, since the involved services are identical in part, the Board must presume that the channels of trade and classes of consumers for the identical services overlap. It included evidence regarding use of that mark with the bank name.

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Three Recent TTAB Oppositions Sustained on the Ground of Non-use

The TTABlog

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in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. 91277497 (January 18, 2024) [not precedential] (By the Board).

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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88291540 (February 14, 2024) [not precedential] (Opinion by Judge Martha B. A designation used merely as a trade name cannot be registered under the provisions of the Trademark Act." "A designation used merely as a trade name cannot be registered under the provisions of the Trademark Act." Welch 2024. 15 U.S.C. §

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

The TTABlog

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. Precedential?

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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. Welch 2024. In re Richard M. Russell , Serial No.

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

Technology & Marketing Law Blog

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Pixels.com, LLC , 2024 WL 885356 (W.D. March 1, 2024) Related posts * Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v.

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