43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).

False Advertising 59

False Advertising Advertising Advertising Contracts 59

LexBlog IP

JANUARY 4, 2022

If you desire to register a service mark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted. ” Id.

Service Mark 52

Service Mark Registration Trademark Advertising 52

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. TTABlogger comment: Opposer did not argue priority based on use "analogous to trademark use."

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

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

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. Applicant's use of the "TM" symbol does not transform the phrase into a trademark.

Service Mark 78

Service Mark Advertising Advertising Registration 78

The TTABlog

DECEMBER 13, 2021

Suuberg explained that, at the time of her trademark application filing, she had recently completed a post-baccalaureate premedical program, incorporated a non-profit organization, applied for tax-exempt status, and registered a domain name. Playdom, Inc. , 3d 1379, 113 USPQ2d 2042, 2043 (Fed. See Stawski v. 1999); In re Letica Corp. ,

Service Mark 45

Service Mark Advertising Advertising Business 45

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v.

Artwork 119

Artwork Trademark Publishing Marketing 119

Biswajit Sarkar Copyright Blog

AUGUST 10, 2022

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. Well known trademarks are marks that have become so to a substantial segment of the public that uses such goods or services.

Trademark 52

Trademark Service Mark Registering Trademarks Advertising 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where you need a trademark lawyer or agent to step in.

Trademark 52

Trademark Intellectual Property Registration Trademark Law 52

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

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where the role of trademark lawyer in India becomes crucial.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

Intepat

MAY 29, 2024

Registering a trademark involves navigating various procedures and submitting several documents to the Trademark Registry. Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.”

Registration 52

Registration Trademark Advertising Advertising 52

Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. Service Mark Registrations, Nos. Registration No.

Trademark 52

Trademark Registration Service Mark Designs 52

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 Brands 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 Brands 52

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

Preparation/ Filing of Trademark Application (s/18 of the Trademarks Act, 1999). Description of the Trademark-. Device mark. Description of the Goods or Services. Classification of the Goods or Services-. Date of Adoption of the Trademark. Date of Adoption of the Trademark. User date-.

Registration 40

Registration Trademark Journalism Advertising 40

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.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

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. Rendering services requires actual provision of services.”

Service Mark 53

Service Mark Registration Licensing Advertising 53

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

DuetsBlog

SEPTEMBER 8, 2020

Seemed like a great blog topic, for some day, given my distaste for the USPTO’s insatiable appetite for fusing informational refusals with trademark incapability. Since consumer perception controls trademark capability , favoring a review of the facts and circumstances (instead of incapability rules ) makes more sense to me.

Registration 59

Registration Branding Brands Branding 59

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."

Service Mark 58

Service Mark Social Media Intellectual Property Law Intellectual Property 58

IP Intelligence

FEBRUARY 8, 2022

an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS. 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 Designs Design 52

LexBlog IP

FEBRUARY 8, 2022

an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS. 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 Designs Design 52

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.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. This resulted in the creation of brand names and, eventually, trademark protection for brands. The expenses associated with trademark registration pale in comparison to this.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

The TTABlog

OCTOBER 1, 2024

Rather, Applicant tries to paint Opposer as a bad actor – a trademark bully – that is not entitled to relief here because of the alleged bullying. GWULC’s proposed brief and its exhibits do not address issues of law which are not already adequately briefed by the parties.

Law 64

Law Registration Advertising Advertising 64

The TTABlog

SEPTEMBER 23, 2022

Its evidence regarding its first rendering of services under the mark was "characterized by contradictions, inconsistencies, and indefiniteness." Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." Emphasis by the Board). See Couture v.

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 Brands 52

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.

Designs 53

Designs Design Registration Service Mark 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." Although the third-party uses are not in the nature of trademarks, they are probative of consumer perception. The Board disagreed.

Law 40

Law Service Mark Registration Trademark 40

IP and Legal Filings

SEPTEMBER 21, 2021

However, trade dresses and their protection may fall under the ambit of the Trade Marks Act, 1999. Moreover, section 2 (zb) of the Act explicitly states that a trademark may represent a mark that is capable of being represented graphically and is capable of distinguishing the goods or services of one brand from another brand.

Law 52

Law Branding Brands Branding 52

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.

Marketing 56

Marketing Marketing Ownership Registration 56

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 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

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

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59