The TTABlog

FEBRUARY 22, 2022

“become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Its intent that the phrase function as a service mark is irrelevant. Text Copyright John L. Welch 2022.

Service Mark 78

Service Mark Advertising Advertising Registration 78

Velocity of Content

JULY 26, 2022

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. Copyright Office, after what amounts to a much lighter review process. See also: RC Cola, Polar Cola, Jolt!—and

Trademark 98

Trademark Government Copyright Service Mark 98

The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks.

IP 83

IP Service Mark Cease and Desist Registration 83

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. Redbubble * Zazzle Loses Copyright Jury Verdict, and That’s Bad News for Print-on-Demand Publishers–Greg Young Publishing v.

Artwork 119

Artwork Trademark Publishing Marketing 119

Chicago IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts. Nominees can be individuals, groups or corporations.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

The TTABlog

JULY 26, 2024

This is clear from the third-party service mark, trade name and descriptive uses discussed above, and from Applicant’s prior Supplemental Register registration, as well as her disclaimer of “SOLAR” and Section 2(f) claim in her original application. Text Copyright John L. And so, the Board affirmed the refusal to register.

Service Mark 49

Service Mark Advertising Advertising Registration 49

The TTABlog

OCTOBER 2, 2024

The Board observed that "where the proposed mark is not inherently distinctive because it is comprised of common features in the relevant field or is typically used or perceived as ornamentation, length of use alone generally is not sufficient to satisfy the elevated burden of proving acquired distinctiveness." Text Copyright John L.

Service Mark 58

Service Mark Social Media Intellectual Property Law Intellectual Property 58

The TTABlog

MARCH 12, 2024

COLORADO mark in commerce as of the filing date of the underlying application because it had not yet rendered any pageant services under the mark, and that any prior use under the license inured to the benefit of the licensor, not to Abundance. Text Copyright John L. Emphasis supplied]. Intermed Comms., 90 USPQ2d at 1308.

Service Mark 53

Service Mark Registration Licensing Advertising 53

LexBlog IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts. Nominees can be individuals, groups or corporations.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

The TTABlog

AUGUST 18, 2022

Those intentions and expectations are also reflected in promotional and advertising material for the program. Petitioner CBC Mortgage, not the respondent, was first to offer mortgage services under the mark. Text Copyright John L. 3d 1023, 123 USPQ2d 1024, 1028 (Fed. Read comments and post your comment here. Welch 2022.

Ownership 45

Ownership Registration Service Mark Contracts 45

The TTABlog

OCTOBER 1, 2024

in the field of wake, ski, surf, snowboard, motocross, mountain bike, BMX, and skate” portion of the Contested Services, Jones argued that Monster "produced no evidence in discovery that it has ever trained athletes under the [marks of the Counterclaimed Registrations],” and the Contested Services "have never been advertised or sold."

Law 64

Law Registration Advertising Advertising 64

IP and Legal Filings

JUNE 14, 2023

This is created through personal contact with the client in connection with the use of services or products, contact with sales or client support, or through brand communication (marketing). A trademark is a symbol (word or otherwise) used to distinguish the goods or services of one source from those of others.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

The TTABlog

AUGUST 19, 2024

Furthermore, petitioner's sales and advertising figures were not placed in industry context. Although Petitioner has not proven acquired distinctiveness, Petitioner has at least established that it began using PERMIT.COM in a manner consistent with service mark use as early as 2013. Text Copyright John L. Welch 2024.

Registration 49

Registration Advertising Advertising Service Mark 49

The TTABlog

JULY 15, 2022

It rejected Di-Namic's argument that the proposed mark is not being used merely as a song title, but also to signify that it offers musical composition services as a logical prerequisite of the musical composition being licensed. Text Copyright John L. Read comments and post your comment here. TTABlogger comment: WYHA?

Music 52

Music Licensing Branding Branding 52

The TTABlog

DECEMBER 20, 2022

Text Copyright John L. Read comments and post your comment here. TTABlogger comment: Since the applicant appeared pro se, I decided not to label this a WYHA? BTW, is the term generic, as a subgenus? Welch 2022.

Service Mark 49

Service Mark Advertising Advertising Licensing 49

Biswajit Sarkar Copyright Blog

AUGUST 10, 2022

It means only the registered proprietor of Amul, i.e. Kaira District Cooperative Milk Producers can register the word Amul for any class of goods or services. Marks that have achieved such status and reputation are known as well known trademarks.

Trademark 52

Trademark Service Mark Registering Trademarks Advertising 52

The TTABlog

JULY 16, 2021

The Board was not impressed by this showing: Although this evidence is relevant, it does not establish Respondent’s lack of use of its mark for a three-year period. Text Copyright John L. TTABlogger comment: At a minimum, petitioner should have moved to compel discovery responses. Welch 2021.

Registration 45

Registration Copyright Notice Service Mark Copying 45

The TTABlog

SEPTEMBER 15, 2021

Second, the representative samples of Opposer’s advertising focus on the CME GROUP mark and CME GROUP logo, not the NYMEX mark. This throws doubt on LaPierre’s testimony that Opposer spends a million dollars a year advertising the NYMEX service mark. Text Copyright John L. Welch 2021.

Advertising 45

Advertising Advertising Service Mark Contracts 45

The TTABlog

SEPTEMBER 23, 2022

Petitioner claimed that its restaurant had a "soft opening" in September 2014, with the mark THE HAPPIEST HOUR displayed on signage, but its evidence was "contradictory, inconsistent, and indefinite." Several press releases were issued at that time, but they did not constitute service mark use. Text Copyright John L.

Service Mark 40

Service Mark Registration Advertising Advertising 40

The TTABlog

FEBRUARY 2, 2024

Evidence in the form of listings and advertisements, such as in yellow and white page phone book listings, triggers a presumption that a third-party service mark is in fact in use by third-parties, possibly making a registrant’s mark weak. Text Copyright John L. And so, the Board reversed the refusal to register.

Registration 53

Registration Service Mark Advertising Advertising 53

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

This helps them stand out and acts as a prime instrument for advertising and selling their products. Primarily, a trademark distinguishes the goods and services of one trader from those of others. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks.

Trademark 52

Trademark Intellectual Property Registration Trademark Law 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

This helps them stand out and acts as a prime instrument for advertising and selling their products. Primarily, a trademark distinguishes the goods and services of one trader from those of others. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

The TTABlog

NOVEMBER 14, 2022

The Board observed that, as made clear by the Trademark Act, the USPTO "is statutorily constrained to register matter on the Principal Register if and only if it functions as a mark." Text Copyright John L. In re Brunetti , 2022 USPQ3d 764, at *9. Read comments and post your comment here. Never crossed my mind. How about you?

Law 40

Law Service Mark Registration Trademark 40

The TTABlog

JANUARY 17, 2024

"There is no way to determine the extent to which, or even if, consumers of banking services associate the Ring Design alone with Petitioner." Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks. Text Copyright John L. Read comments and post your comment here.

Designs 53

Designs Design Registration Service Mark 53

The TTABlog

OCTOBER 10, 2023

Applicant manufactures, advertises and sells, under the stylized HME mark, goods that opposer previously sold, to customers who previously were opposer’s customers in the United. The Marks: The Board found the involved marks to be similar in appearance, sound, connotation and commercial impression. Text Copyright John L.

Marketing 56

Marketing Marketing Ownership Registration 56

The TTABlog

JUNE 1, 2023

Inherent Distinctiveness: The Supreme Court's decision in Two Pesos , involving the decor of a Mexican restaurant, established that "adornments in a building structure" may be protectable as a service mark." Applicant's specimens of use and its advertising evidence depicted the side of the building that also displays the hotel name.

Designs 40

Designs Design Advertising Advertising 40

Intepat

MAY 29, 2024

.” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use. Supporting documents should be attached to substantiate these claims.

Registration 52

Registration Trademark Advertising Advertising 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

Advertisement in Trademark Journal. Once the trademark is approved, the same will be advertised in the Trademark Journal. The advertisement in the Trademark Journal will remain open for 4 months in respect of opposition procedure. If the Examiner does not approve the application, then the same will go for hearing.

Registration 40

Registration Trademark Journalism Advertising 40

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

According to Lifestyle Equities, BHPC products that were lawfully made, advertised, and distributed in the United States with the permission of the US rights owner are being marketed and sold by Amazon in the United Kingdom and the European Union, which is a kind of counterfeiting.

Trademark 59

Trademark Intellectual Property Branding Branding 59

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

According to Lifestyle Equities, BHPC products that were lawfully made, advertised, and distributed in the United States with the permission of the US rights owner are being marketed and sold by Amazon in the United Kingdom and the European Union, which is a kind of counterfeiting.

Trademark 52

Trademark Intellectual Property Branding Branding 52

The TTABlog

NOVEMBER 13, 2024

Examining Attorney Jaclyn Kidwell Walker maintained: "It is clear based on all the attached evidence that applicant ONLY provides yacht payment services and does not engage in the chartering services themselves." Text Copyright John L. citations omitted]. Read comments and post your comment here. TTABlogger comment: WYHA?

Service Mark 45

Service Mark Business Advertising Advertising 45