The TTABlog

MAY 10, 2023

As we note above, some third-party uses are service mark uses. Others are titles of books, or emblazoned in an ornamental manner on t-shirts or artwork.

Artwork 60

Artwork Service Mark Registration Trademark 60

The TTABlog

FEBRUARY 2, 2024

The USPTO refused to register the proposed mark UNFORGETTABLE TRIPS for "travel agency services, namely, making reservations and bookings for transportation" [TRIPS] disclaimed], finding confusion likely with the registered mark shown below, for the identical services [HONEYMOONS disclaimed].

Registration 53

Registration Service Mark Advertising Advertising 53

The TTABlog

AUGUST 5, 2024

The question, then, was "whether, as a matter of law, online retail store or mail order activities featuring only a party’s own goods are 'services' as contemplated in the Trademark Act." The Trademark Act defines "service mark" but does not define "services." Iqbal , 566 U.S. 662, 678 (2009). citing Giant Food Inc.

Trademark 56

Trademark Service Mark Registration Television 56

The TTABlog

AUGUST 19, 2024

Under the rule of Otto Roth , a plaintiff must prove it has proprietary rights in a mark in order to succeed on a likelihood of confusion claim when challenging a registration on the Principal Register. Furthermore, petitioner's sales and advertising figures were not placed in industry context.

Registration 49

Registration Advertising Advertising Service Mark 49

The TTABlog

FEBRUARY 7, 2024

The group owns the service mark. They would not look to Opposer, whose participation was terminated in 2018, over five years ago, who has no further role in managing or booking the band, and who has not attempted to field another band under the mark SPLIT DECISION. And so, the Board sustained the opposition.

Ownership 53

Ownership Editing Music Service Mark 53

LexBlog IP

SEPTEMBER 11, 2023

While the TTAB confirmed that it is possible to register a fictitious or fanciful character, the use of a fictitious or fanciful character: [M]ust be perceived by the purchasing public not just as a character but also as a mark which identifies and distinguishes the source of the goods or services. In re Hechinger Inv. Emphasis added).

Trademark 52

Trademark Registration Design Designs 52

IIPRD

JUNE 13, 2024

trademarks, service marks, commercial names, and designations; industrial designs; and any other rights stemming from intellectual endeavors in industrial, scientific, literary, or artistic spheres. 2] Eastern Book Co v D B Modak, (2008) 1 SCC 1. [3] 3] PRACTICE AND PROCEDURE MANUAL. [4] 6] Thaler V Vidal, No. 21-2347 (Fed.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

Garrigues Blog

SEPTEMBER 14, 2022

Even under the Royal Warrant, however, the Royal Arms should not be used as a trade or service mark in any way. coats of arms crests, etc.), State emblems and official signs and hallmarks (article 6ter), meaning that no person can use a State’s coat of arms without the express consent of that State.

Intellectual Property 52

Intellectual Property Brands 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." citations omitted].

Service Mark 45

Service Mark Business Advertising Advertising 45

The TTABlog

JANUARY 9, 2025

Ava asserted that the registered marks BLIZZARD and BLIZZARD ENTERTAINMENT had never been used or had been abandoned because the offering of ones own goods does not constitute a service done primarily for the benefit of others and therefore does not qualify as service mark use. The Board disagreed.

Registration 64

Registration Service Mark Trademark Art 64