The TTABlog

JUNE 21, 2021

Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services. The was fatal to his priority claim and so the Board dismissed the opposition.

Advertising 52

Advertising Advertising Service Mark Branding 52

The TTABlog

AUGUST 24, 2022

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

Service Mark 40

Service Mark Designs Design Social Media 40

The TTABlog

DECEMBER 13, 2021

The Board found the Couture case to be relevant: there, the applicant had not rendered his entertainment services in commerce as of his filing date, but had merely advertised his "readiness, willingness and ability" to do so. Playdom, Inc. , 3d 1379, 113 USPQ2d 2042, 2043 (Fed. See Stawski v. 3d 1036, 50 USPQ2d 1545, 1555 (9th Cir.

Service Mark 45

Service Mark Advertising Advertising Business 45

43(B)log

SEPTEMBER 16, 2021

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.” Summary judgment granted on state and federal false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

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. In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013).

Service Mark 78

Service Mark Advertising Advertising Registration 78

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. It can be registered in a single class or multi-class.

Trademark 98

Trademark Service Mark Registration Registering Trademarks 98

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 84

IP Service Mark Cease and Desist Registration 84

IP and Legal Filings

JULY 24, 2023

It removes the restrictions on budget and print reproductions, enabling web distribution, copy printing and packaging, and out-of-home advertising impressions. Enhanced License : Building upon the perks of the Standard License, the Enhanced License grants its users additional freedoms and more flexibility.

Licensing 98

Licensing Advertising Advertising Copying 98

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. And so, the Board affirmed the refusal to register.

Service Mark 49

Service Mark Advertising Advertising Registration 49

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. Emphasis supplied]. Intermed Comms., 90 USPQ2d at 1308.

Service Mark 53

Service Mark Registration Licensing Advertising 53

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." In re Erik M.

Service Mark 58

Service Mark Social Media Intellectual Property Law Intellectual Property 58

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

Technology & Marketing Law Blog

MARCH 5, 2024

Much like Redbubble, Pixels also has a hand in advertising infringing work, allowing users to search for DeYoung artwork and providing a link to view “all Derek DeYoung products,” despite the fact that many of those products originated from unlicensed third parties.

Artwork 119

Artwork Trademark Publishing Marketing 119

IP Intelligence

FEBRUARY 8, 2022

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 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

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. 3d 1023, 123 USPQ2d 1024, 1028 (Fed.

Ownership 45

Ownership Registration Service Mark Contracts 45

DuetsBlog

SEPTEMBER 8, 2020

After all, in another context, a creative fusion of branding elements led to Owens-Corning overcoming “ well-settled ” law against color trademarks, when O-C linked its pink-insulation advertising campaign to the beloved Pink Panther cartoon.

Registration 59

Registration Branding Branding Brands 59

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

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

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

Indiana Intellectual Property Law

AUGUST 18, 2021

Because several of the getGo® Marks have been in use continuously since at least 2003, and Plaintiffs apparently complied with all further requirements, they are incontestable under 15 U.S.C. Further, Giant Eagle claims it has spent millions of dollars to advertise and promote its services using the getGo® Marks.

Trademark 52

Trademark Registration Service Mark Advertising 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.

Registration 49

Registration Advertising Advertising Service Mark 49

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. Emphasis by the Board).

Service Mark 40

Service Mark Registration Advertising Advertising 40

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. And so, the Board affirmed the refusal under Sections 1 and 45 of the Trademark Act.

Music 52

Music Licensing Branding Branding 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 Intellectual Property Registration Trademark Law 52

The TTABlog

DECEMBER 20, 2022

The Board affirmed a refusal to register HUMAN DATA MARKETPLACE as a service mark, finding it merely descriptive of "online retail services featuring data assets in the field of real time and non real-time data, namely, providing an online marketplace and platform for acquiring, buying, selling, trading, licensing, leasing, advertising, rating, standardizing, (..)

Service Mark 49

Service Mark Advertising Advertising Licensing 49

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.

Advertising 45

Advertising Advertising Service Mark Contracts 45

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

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

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.

Registration 45

Registration Copyright Notice Service Mark Copying 45

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.

Registration 53

Registration Service Mark Advertising Advertising 53

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." In re Brunetti , 2022 USPQ3d 764, at *9. Although the third-party uses are not in the nature of trademarks, they are probative of consumer perception.

Law 40

Law Service Mark Registration Trademark 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

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. Zhejiang Hailiang Co.,

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