2024 Designs Service Mark Trademark 
The TTABlog
MAY 29, 2024
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for various goods in 14 classes, finding that the phrase fails to function as a trademark. 97359799 (May 22, 2024) [not precedential] (Opinion by Judge Wendy B. Welch 2024. TTABlogged here ].
The TTABlog
JANUARY 17, 2024
92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. Of course, since the involved services are identical in part, the Board must presume that the channels of trade and classes of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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The TTABlog
FEBRUARY 16, 2024
88291540 (February 14, 2024) [not precedential] (Opinion by Judge Martha B. A “trade name” is defined in Section 45 of the Trademark Act as “any name used by a person to identify his or her business or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."
Technology & Marketing Law Blog
MARCH 5, 2024
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.
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. Precedential?
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 finding that the phrase fails to function as a service mark for "legal services." 90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. Welch 2024.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. Nothing in Section 4 exempts collective membership marks from Section 2(a). Welch 2024.
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