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New UKIPO Address for Service Marks

JD Supra Law

We would like to bring to your attention that there are new “address for service” rules coming into effect on 1 January 2024 at the UK Intellectual Property Office (UKIPO) which may have an impact on your trade mark portfolio. By: Morrison & Foerster LLP

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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97359799 (May 22, 2024) [not precedential] (Opinion by Judge Wendy B. The Board observed that "[t]he critical inquiry in determining whether a proposed mark functions as a trademark is how the relevant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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TTAB Affirms Refusal Because Specimens Show Use of Mark with Mobile App but not SAAS

The TTABlog

The Board upheld a specimen refusal for the mark HEARTIFY & Design for software as a service (SAAS) featuring software for providing health-related data and information, in Class 42. Applicant's specimen of use displayed the mark in connection with a mobile phone app, but not with SAAS. Welch 2024.

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TTAB Finds SOLAR CONCIERGE Merely Descriptive of, and Lacking Acquired Distinctiveness for, Guess What?

The TTABlog

The Board found the mark to be merely descriptive under Section 2(e)(1) and rejected Redden's Section 2(f) claim of acquired distinctiveness. 97299114 (July 24, 2024) [not precedential] (Opinion by Judge Michael B. Welch 2024. In re Dana Redden , Serial No. And so, the Board affirmed the refusal to register.

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"Sunflower in Lapel" for Legal Services Lacks Acquired Distinctiveness, Says TTAB

The TTABlog

97325462 (September 26, 2024) [not precedential] (Opinion by Judge Robert Lavache). The Board acknowledged that applicant has made some effort to use the proposed mark as a service mark, including some "look for advertising" and inclusion of the sunflower motif on business cards and applicant's website. Welch 2024.

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Faulty Specimen Sinks YACHTLY Application for Yacht Chartering Services

The TTABlog

The Board upheld this refusal to register the proposed mark YACHTLY for "yacht chartering services" because the specimens of use failed to show a direct association with the identified services. 90784139 (November 6, 2024) [not precedential] (Opinion by Judge Lawrence T. Welch 2024. In re Yachtly Inc.

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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).