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. Would you have applied for registration?

Service Mark 78

Service Mark Advertising Advertising Registration 78

The TTABlog

AUGUST 19, 2024

In a "somewhat unusual" Section 2(d) cancellation proceeding targeting a Supplemental Register registration and involving "dueling claims of acquired distinctiveness," the Board granted a petition for cancellation of Fieldvine's Inc's registration for the mark PERMITS.COM for construction permit services.

Registration 49

Registration Advertising Advertising Service Mark 49

The IPKat

DECEMBER 14, 2023

Stephen further stated that he was in the process of registering the word for advertising and media business with the aim of providing marketing, branding, and related services, there was a lot of interest in the possibility of registering such a term. Should it not be the chant that may be copyright-protected as a musical work?]

IP 83

IP Service Mark Cease and Desist Registration 83

43(B)log

SEPTEMBER 16, 2021

It has trademark registrations for the word mark “NEO4J.” The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.”

False Advertising 64

False Advertising Advertising Advertising Licensing 64

The TTABlog

JULY 16, 2021

Respondent's rope-a-dope defense proved to be successful in this cancellation proceeding aimed at a registration for the mark ONEPACKET (standard form) for computer-related services. What if the registrant has no intent one way or the other? Then registrant wins. - Emphasis supplied.]. I think not.

Registration 45

Registration Copyright Notice Service Mark Copying 45

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. Registration of Trademark. Opposition of Trademark. Renewal of Trademark.

Registration 40

Registration Trademark Journalism Advertising 40

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 53

Service Mark Registration Licensing Advertising 53

The TTABlog

AUGUST 18, 2022

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. Petitioner CBC Mortgage, not the respondent, was first to offer mortgage services under the mark.

Ownership 45

Ownership Registration Service Mark Contracts 45

DuetsBlog

SEPTEMBER 8, 2020

above-door signage , wondering if Applebee’s ever has attempted to seek federal registration. for registration, considering it merely informational and incapable as a trademark. Terms and expressions that merely convey an informational message are not registrable. Over the years, I’ve focused on the more permanent Welcome Back!

Registration 59

Registration Branding Brands Branding 59

The TTABlog

OCTOBER 1, 2024

Jones filed counterclaims seeking partial cancellation of those two registrations (the "Counterclaimed Registrations") on the ground of nonuse prior to the expiration of the time for filing the statements of use, for all of the services except for the mentoring portion of the athletic development program.

Law 64

Law Registration Advertising Advertising 64

IP Intelligence

FEBRUARY 8, 2022

The examining attorney and the Board refused registration of both versions for failure to function as a mark. The Federal Circuit found that substantial evidence supported the Board’s finding that consumers will perceive.SUCKS only as a non-source identifying part of a domain name and not as a service mark.

Service Mark 52

Service Mark Registration Design Designs 52

LexBlog IP

FEBRUARY 8, 2022

The examining attorney and the Board refused registration of both versions for failure to function as a mark. The Federal Circuit found that substantial evidence supported the Board’s finding that consumers will perceive.SUCKS only as a non-source identifying part of a domain name and not as a service mark.

Service Mark 52

Service Mark Registration Design Designs 52

Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. Copyright Office, after what amounts to a much lighter review process. See also: RC Cola, Polar Cola, Jolt!—and and so on. )

Trademark 98

Trademark Government Copyright Service Mark 98

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. 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 noted that product packaging trade dress and trade dress for services can be inherently distinctive, but here inherent distinctiveness was not at issue because Applicant sought registration under Section 2(f). Consequently, "the proposed mark’s lack of inherent distinctiveness is deemed an established fact."

Service Mark 58

Service Mark Social Media Intellectual Property Law Intellectual Property 58

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. You can apply for trademark registration online, the process for which is fairly straightforward. Who is a trademark lawyer?

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. You can apply for trademark registration online, the process for which is fairly straightforward. Who is a trademark lawyer?

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

Indiana Intellectual Property Law

AUGUST 18, 2021

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos. 92077459.

Trademark 52

Trademark Registration Service Mark Designs 52

The TTABlog

FEBRUARY 2, 2024

Applicant argued that the cited mark is weak in view of third-party uses and registrations in the travel field, and so confusion is not likely. Under the sixth DuPont factor, the Board considered whether the strength "may be attenuated by '[t]he number and nature of similar marks in use on similar goods [and services].'"

Registration 53

Registration Service Mark Advertising Advertising 53

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. Cancellation No.

Designs 53

Designs Design Registration Service Mark 53

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

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. TMEP Section 903.06 (2022). Emphasis by the Board).

Service Mark 40

Service Mark Registration Advertising Advertising 40

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." Applicant's use of its proposed mark is not qualitatively different than the third-party uses that Applicant concedes are not source indicating."

Law 40

Law Service Mark Registration Trademark 40

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. Zhejiang Hailiang Co.,

Marketing 56

Marketing Marketing Ownership Registration 56

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." citations omitted].

Service Mark 45

Service Mark Business Advertising Advertising 45

IP and Legal Filings

JUNE 14, 2023

The expenses associated with trademark registration pale in comparison to this. 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). The same concept should be applied to advertising slogans.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

IP and Legal Filings

JANUARY 4, 2022

The Nice Agreement, concluded at Nice in 1957, revised at Stockholm in 1967 and at Geneva in 1977, and amended in 1979, establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification).

Intellectual Property 52

Intellectual Property Registration Music Designs 52

Garrigues Blog

SEPTEMBER 14, 2022

In fact, since the adoption of the Paris Convention for the Protection of Industrial Property in 1983, which applies to both Spain and the United Kingdom’s industrial property systems (among others), contracting States are required to refuse the registration and to prohibit the unauthorized use of trademarks including armorial bearings (e.g.,

Intellectual Property 52

Intellectual Property Branding Brands Branding 52

IP Whiteboard

NOVEMBER 18, 2020

Domain Name Dispute Resolution Policy ( Policy ): the Disputed Domain Names were identical or confusingly similar to a name, trademark or service mark in which the Complainant had rights; and. In the Federal Court case, this value was created through Manly Cabs’ use of the Disputed Numbers as part of its advertising.

Branding 40

Branding Brands Branding Business 40