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97359799 (May 22, 2024) [not precedential] (Opinion by Judge Wendy B. The Board observed that "[t]he critical inquiry in determining whether a proposed mark functions as a trademark is how the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

Service Mark 113

Service Mark Branding Brands Branding 113

The TTABlog

MARCH 22, 2024

Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. abandoned the mark through nonuse. 92068213 (March 20, 2024) [not precedential] (Opinion by Judge Peter W. Welch 2024. Cancellation No. Text Copyright John L.

Registration 60

Registration Service Mark Trademark Copyright 60

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?

Registration 67

Registration Service Mark Designs Design 67

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied].

Service Mark 64

Service Mark Registration Licensing Advertising 64

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in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. 91277497 (January 18, 2024) [not precedential] (By the Board).

Service Mark 60

Service Mark Registration Technology Designs 60

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 finding that the phrase fails to function as a service mark for "legal services." 90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. Welch 2024.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.

Service Mark 52

Service Mark Registration Trademark Designs 52

The TTABlog

JUNE 11, 2024

The Board found that the mark, which indicates membership in a motorcycle club, falsely suggests a connection with the United States Marine Corps in violation of Section 2(a) of the Trademark Act. 90498154 (June 6, 2024) [precedential] (Opinion by Judge Cindy B. In re Leathernecks Motorcycle Club International, Inc. Greenbaum).

Registration 49

Registration Service Mark Government Trademark 49