IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. A certificate of registration may be defeated by evidence of prior use of the mark by another person.

Trademark 98

Trademark Intellectual Property Registration IP 98

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 TTABlog

DECEMBER 16, 2024

In a less than enlightening decision, the Board affirmed a refusal to register the proposed mark shown below as a service mark for "casinos" and "hotel, restaurant and bar services," finding that the mark "is not an inherently distinctive source identifier and therefore, fails to function as a service mark for Applicants services."

Service Mark 85

Service Mark Designs Design Registration 85

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. - Text Copyright John L. Emphasis supplied.].

Registration 45

Registration Copyright Notice Service Mark Copying 45

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. Unlike copyrights and patents, U.S.

Trademark 98

Trademark Government Copyright Service Mark 98

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

MARCH 22, 2024

Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. abandoned the mark through nonuse. If the petitioner presents a prima facie case, the burden of production shifts to the registrant to rebut the prima facie showing.

Registration 49

Registration Service Mark Trademark Copyright 49

IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. regarding the copyright for the film “De Dhakka.”

Cinema 98

Cinema Copyright Blogging Registration 98

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. Text Copyright John L. 3d 1023, 123 USPQ2d 1024, 1028 (Fed. Welch 2022.

Ownership 45

Ownership Registration Service Mark Contracts 45

The TTABlog

FEBRUARY 21, 2023

Section 4 of the Trademark Act provides for registration of a collective membership mark, defined as a trademark or service mark adopted by a collective and used by members to indicate membership in the collective. Text Copyright John L. Emphasis by the Board]. Welch 2023.

Business 64

Business Service Mark Registration Trademark 64

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

On the other hand, the same decided in favor of the applicant, the trademark goes for registration. Registration of Trademark. If the accepted trademark is not opposed during the advertisement for 4 months, then it will proceed for trademark registration. Renewal of Trademark.

Registration 40

Registration Trademark Journalism Advertising 40

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms. The actionable alleged misrepresentation is that defendant performed the relevant services.

False Advertising 64

False Advertising Advertising Advertising Copying 64

The TTABlog

OCTOBER 6, 2022

TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? Yes] TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Guess What? Welch 2022.

Service Mark 83

Service Mark Designs Design Ownership 83

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

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

Service Mark 60

Service Mark Registration Artwork Business 60

The TTABlog

JULY 8, 2024

In this appeal from final refusals issued in two expungement proceedings, the Board affirmed the USPTO Director's decision to cancel registrations for the mark SMARTLOCK , in standard character and design form, for "Components for air conditioning and cooling systems, namely, evaporative air coolers." Text Copyright John L.

Registration 56

Registration Service Mark Design Designs 56

Biswajit Sarkar Copyright Blog

NOVEMBER 22, 2021

The domain registration agreement incorporates the policy. The disputes should deal with the registration of a domain name. It also lays down the use of an Internet domain name between the registrant and any party other than them. Service mark and trademark holders must be granted civil recourse. INDRP stands for.in

Service Mark 52

Service Mark Registration Trademark Registering Trademarks 52

The TTABlog

AUGUST 5, 2024

In this opposition to registration of the mark BLIZZARD for various business services, Applicant Ava Labs, Inc., counterclaimed to cancel two pleaded registrations owned by Opposer Blizzard Entertainment for online retail store and mail order services. In re Dr. Pepper Co., 2d 508, 510 (Fed. Carefirst of Md.,

Trademark 56

Trademark Service Mark Registration Television 56

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. Read comments and post your comment here.

Service Mark 49

Service Mark Advertising Advertising Registration 49

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. Text Copyright John L.

Law 64

Law Registration Advertising Advertising 64

The TTABlog

FEBRUARY 1, 2024

Here are three recent TTAB rulings, each sustaining an opposition based upon non-use of the opposed service mark. For a service mark, the services must be rendered in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. Don't try to register a use-less mark? PayNearMe, Inc.

Service Mark 49

Service Mark Registration Technology Design 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

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

The TTABlog

AUGUST 29, 2022

Sections 1 and 2 provide for registration of "trademark[s] by which goods of the applicant may be distinguished from the goods of others." Section 3 states that service marks are registrable "in the same manner and with the same effect as trademarks." are not registrable." Text Copyright John L.

Registration 52

Registration Service Mark Trademark Government 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

You can apply for trademark registration online, the process for which is fairly straightforward. However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. Hiring a trademark lawyer will help you take care of all your registration needs. Why hire a trademark lawyer?

Trademark 52

Trademark Intellectual Property Registration Trademark Law 52

The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

Intellectual Property 90

Intellectual Property Editing Privacy Moral Rights 90

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

You can apply for trademark registration online, the process for which is fairly straightforward. However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. A trademark lawyer or agent can advise on matters related to trademark filings, registration and opposition.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? Text Copyright John L. [Yes] Precedential No. Welch 2021.

Registration 69

Registration Cinema Trademark Reporting 69

IIPRD

JUNE 24, 2024

From patents to copyrights, Trade Marks to trade secrets, the Berne Convention to TRIPS, knowing these accords is critical for individuals, corporations, and policymakers navigating the complexity of ‘intellectual property’ protection in the twenty-first century. ‘The

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

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.

Design 53

Design Designs Registration Service Mark 53

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

AUGUST 26, 2022

The Board observed that “a proposed trademark is registrable only if it functions as an identifier of the source of the applicant’s goods or services.” Sections 1, 2, 3, and 45 of the Trademark Act provide the statutory basis for a refusal to register subject matter that fails to function as a service mark. “[N]ot

Television 64

Television Designs Design Service Mark 64

The TTABlog

MAY 10, 2023

However, when the evidence is insufficient to show that a proposed mark has been widely used in connection with the goods at issue, it is improper to refuse registration on the ground of failure-to-function. The critical issue, of course is how the relevant public perceives the proposed mark. Text Copyright John L.

Artwork 60

Artwork Service Mark Registration Trademark 60

The TTABlog

DECEMBER 18, 2023

Applicant UNIP (apparently owned in part by LeBron James) counterclaimed for cancellation of that registration on the ground of likelihood of confusion. 91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. TM) Text Copyright John L. Game Plan, Inc. Game Plan, Inc. Uninterrupted IP, LLC , Opposition No.

Law 56

Law Registration Service Mark Litigation 56

The TTABlog

MARCH 27, 2024

The Board affirmed a refusal to register the proposed mark WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! finding that the phrase fails to function as a service mark for "legal services." Text Copyright John L. In re Richard M. See 15 U.S.C. §§ 1052, 1053. Read comments and post your comment here. Welch 2024.

Service Mark 56

Service Mark Registration Trademark Design 56

The TTABlog

AUGUST 15, 2023

In a whopping 82-page opinion, the Board affirmed the USPTO's refusal to register PARKING.COM , on either the Principal Register or the Supplemental Register, as a service mark for “website providing information regarding parking availability." Text Copyright John L. The Board was not impressed. Welch 2023.

Service Mark 40

Service Mark Registration Designs Design 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 Pound argued that the Board has long recognized the registrability of mnemonic telephone numbers, pointing to TMEP Section 1209.02(l).

Law 40

Law Service Mark Registration Trademark 40