The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks.

IP 83

IP Service Mark Cease and Desist Registration 83

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. Text Copyright John L. Welch 2022.

Service Mark 78

Service Mark Advertising Advertising Registration 78

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

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

The TTABlog

MARCH 8, 2022

The Trade Mark [sic] Act is not an act to register words but to register trademarks. Before there can be registrability, there must be a trademark (or a service mark) and, unless words have been so used, they cannot qualify for registration." Text Copyright John L. In re Renaissance Jewelry New York, Inc. Serial Nos.

Trademark 94

Trademark Registration Service Mark Designs 94

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Is anything here on the list? Similar logic has been recently applied by the Kirov Region Commercial Court.

IP 132

IP Brands Branding Branding 132

IP and Legal Filings

OCTOBER 30, 2022

There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. The Philippines is a member of several international copyright treaties and conventions and offers copyright protection to foreign works in accordance with these treaties. Conclusion.

Trademark 98

Trademark Intellectual Property Registration IP 98

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 IPKat

JULY 4, 2021

Recently, Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia have made a collective endeavor to move towards the formation of a regional system dealing with trade marks, service marks and appellations of origin of goods in the Eurasian Economic Union (EAEU). Marques provided an explanation of how it will work.

Blogging 65

Blogging IP Design Designs 65

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. Text Copyright John L. 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 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." Text Copyright John L.

Service Mark 58

Service Mark Social Media Intellectual Property Law Intellectual Property 58

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.

False Advertising 64

False Advertising Advertising Advertising Copying 64

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. Redbubble * Zazzle Loses Copyright Jury Verdict, and That’s Bad News for Print-on-Demand Publishers–Greg Young Publishing v.

Artwork 119

Artwork Trademark Publishing Marketing 119

The TTABlog

JUNE 21, 2021

Here Opposer Barnard relied on his alleged common law service mark rights, claiming that he had used the mark prior to applicant's filing date (its constructive first use date) of March 26, 2019. Would he need to show significant exposure of the mark in terms of website visits and the like? Text Copyright John L.

Advertising 52

Advertising Advertising Service Mark Branding 52

The TTABlog

OCTOBER 6, 2022

No] Section 2(f) - Acquired Distinctiveness: Lotus-Shaped Acupressure Mat Product Design Lacks Acquired Distinctiveness and Fails to Function as a Service Mark Precedential No. Abandonment: Precedential No. 18: TTAB Denies LAGUNA CANDLES Cancellation Petition, Finding Acquired Distinctiveness and No Claim Preclusion Precedential No.

Service Mark 83

Service Mark Designs Design Ownership 83

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

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? Welch 2024.

Service Mark 49

Service Mark Registration Technology Designs 49

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

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

The TTABlog

AUGUST 26, 2022

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 The applied-for marks, even if they do appear on the same page, denote a character in that television series, and do not indicate the source of the services.

Television 64

Television Design Designs Service Mark 64

The TTABlog

MAY 10, 2023

As we note above, some third-party uses are service mark uses. TTABlogger comment: NB: The fact that the phrase appears on the sewn-in label does not by itself make it a mark. Text Copyright John L. Others are titles of books, or emblazoned in an ornamental manner on t-shirts or artwork. One Wholesaler, Inc. Welch 2023.

Artwork 60

Artwork Service Mark Registration Trademark 60

Biswajit Sarkar Copyright Blog

NOVEMBER 22, 2021

It can be done under the following grounds: -the Registrant’s domain name is identical to or similar to a name, trademark, or service mark in which the Complainant has ownership; -the Registrant has no entitlement or legitimate interests in the web domain; and. Service mark and trademark holders must be granted civil recourse.

Service Mark 52

Service Mark Registration Trademark Registering Trademarks 52

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." Text Copyright John L. citing Giant Food Inc.

Trademark 56

Trademark Service Mark Registration Television 56

The TTABlog

AUGUST 18, 2022

The fact that TMRR created the mark two years earlier and "promoted the mark" in seeking an entity that would offer the services does not mean it owned the mark. Text Copyright John L. 3d 1023, 123 USPQ2d 1024, 1028 (Fed. Read comments and post your comment here. Welch 2022.

Ownership 45

Ownership Registration Service Mark Contracts 45

The TTABlog

AUGUST 18, 2023

The Board affirmed a failure-to-function refusal to register WHEN THERE ARE NINE , in standard character form, as a service mark for "providing educational scholarships." may influence how the [mark] is perceived.’” The Board noted that the applicant used the phrase in the manner of a service mark, but that begs the question.

Service Mark 40

Service Mark Art Trademark Copyright 40

Intepat

SEPTEMBER 27, 2024

However, this transformation has significant challenges, such as counterfeiting, trademark infringement , and unauthorized use of copyright contents, faced by the rights holder and the creator, particularly in the domain of intellectual property rights (IPR). The Copyright Act, 1957: Under the said act, S. 51 and 52, along with S.

Intellectual Property 52

Intellectual Property IP Trademark Copyright 52

The TTABlog

OCTOBER 20, 2023

The appellate court noted that a party may try to show that it acquired proprietary rights in a mark as a result of “prior use analogous to trademark or service mark use.” The court therefore affirmed the "cancellation of Appellant's mark." Actually, registrations are cancelled, not marks - ed. Welch 2023.

Registration 58

Registration Trademark Service Mark Marketing 58

The TTABlog

JULY 8, 2024

91075090, 1989 TTAB LEXIS 6, at *3 (TTAB 1989) (“[T]he mere acceptance of specimens by the Examining Attorney does not mandate a finding by us that service mark usage was made.”). Text Copyright John L. The Board therefore affirmed the decisions to cancel the subject registrations. Read comments and post your comment here.

Registration 56

Registration Service Mark Designs Design 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. And so, the Board affirmed the refusal under Sections 1, 2, 3 and 45 of the Trademark Act.

Service Mark 56

Service Mark Registration Trademark Designs 56

43(B)log

JANUARY 6, 2022

Likewise, the exclusions were construed in favor of coverage.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

The TTABlog

FEBRUARY 7, 2024

The group owns the service mark. Text Copyright John L. The Board also considered, for the sake of completeness, Stott's claim that he was not just the manager, but the "primary, non-performing member" of the group. Read comments and post your comment here. TTABlogger comment: One is tempted to call this a WYHO? Welch 2024.

Ownership 53

Ownership Editing Music Service Mark 53

The TTABlog

FEBRUARY 16, 2024

The distinction between trade name use and either trademark or service mark use is often a difficult one to make and often is nebulous in character.” Refusal seems as inevitable as a Caitlin Clark three-pointer Text Copyright John L. See , e.g. , In re Letica Corp. , 226 USPQ 276, 277 (TTAB 1985). 192 USPQ 165, 167 (TTAB 1976).

Trademark 53

Trademark Design Designs Service Mark 53

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. Text Copyright John L. TTABlogger comment: At a minimum, petitioner should have moved to compel discovery responses. Welch 2021.

Registration 45

Registration Copyright Notice Service Mark Copying 45

The TTABlog

MARCH 22, 2024

The Board pointed out that "[t]he addition of a generic or highly descriptive term does not necessarily detract from the separate commercial impression created by the mark APPLE alone." Text Copyright John L. And so, the Board denied the petition for cancellation. Read comments and post your comment here. Welch 2024.

Registration 49

Registration Service Mark Trademark Copyright 49

The TTABlog

AUGUST 29, 2022

Section 3 states that service marks are registrable "in the same manner and with the same effect as trademarks." Section 45 defines a "trademark" and a "service mark" as something that identifies and distinguishes goods and services from those of others. Text Copyright John L. Welch 2022.

Registration 52

Registration Service Mark Trademark Government 52

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. Text Copyright John L. Read comments and post your comment here. TTABlogger comment: WYHA?

Music 52

Music Licensing Branding Brands 52