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. Welch 2024.

Trademark 54

Trademark Service Mark Registration Television 54

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. What is the first use date for the restaurant's services? Text Copyright John L.

Service Mark 44

Service Mark Advertising Advertising Business 44

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

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. Katpost on the decision here.

IP 82

IP Service Mark Cease and Desist Registration 82

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. The Trade Mark [sic] Act is not an act to register words but to register trademarks.

Trademark 94

Trademark Registration Service Mark Design 94

The TTABlog

OCTOBER 20, 2023

Andrusiek's identical common law mark, also for comic books. The court concluded that the Board did not abuse its discretion in construing the petition to include a priority claim based of use analogous to trademark use, and further concluded that substantial evidence supported the Board's findings regarding Andrusiek's prior use.

Registration 73

Registration Trademark Service Mark Marketing 73

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

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

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 62

Business Service Mark Registration Trademark 62

The TTABlog

SEPTEMBER 16, 2024

The Board agreed with the USPTO that the phrase fails to function as a source indicator, and therefore must be disclaimed under Trademark Rule 6(a). Bristol-Myers contended that the USPTO registered “the identical phrase A CHANCE TO LIVE LONGER” to a third party, thereby demonstrating that the phrase is capable of serving as a trademark.

Registration 67

Registration Service Mark Trademark Branding 67

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 97

Artwork Trademark Publishing Marketing 97

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. Text Copyright John L. Welch 2022.

Service Mark 76

Service Mark Advertising Advertising Registration 76

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. The same explanation was given in “ Krishika Lulla and Ors. Ashutosh Gowarikar and Ors.” [7]

Cinema 88

Cinema Copyright Blogging Registration 88

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 67

Service Mark Registration Licensing Advertising 67

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

The court heard that Mr. Haddad and his two brothers broke up in 2008, and that the latter have owned the BHPC name and trademark rights in the US since then through their firm, BHPC Associates. He said that companies and brands would deal with the conflict between trademark territoriality and the global existence of the internet.

Trademark 59

Trademark Intellectual Property Branding Branding 59

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

IIPRD

JUNE 13, 2024

This marks a significant shift in the prevailing paradigm. AI and intellectual property rights (IPR) aren’t just something for the patent and copyright geeks to nerd out on although it is that, it is something that going to have a lot of commercial and social impacts as AI challenges a lot of the ways we function in IPR.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

What is Trademark Search? Trademark search refers to any action taken to determine whether a trademark is used in commerce. Indian Trademark Search. The Procedure of Trademark Search. The Procedure of Trademark Search. There are 45 classes of trademark registration.

Trademark 52

Trademark Blogging Registration Service Mark 52

Biswajit Sarkar Copyright Blog

JANUARY 29, 2021

The court heard that Mr. Haddad and his two brothers broke up in 2008, and that the latter have owned the BHPC name and trademark rights in the US since then through their firm, BHPC Associates. He said that companies and brands would deal with the conflict between trademark territoriality and the global existence of the internet.

Trademark 52

Trademark Intellectual Property Branding Branding 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 52

Registration Trademark Journalism Advertising 52

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. for protection of its trademark “L.O.L. company MGA Entertainment, Inc. SURPRISE!”,

IP 132

IP Branding Branding Brands 132

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

Biswajit Sarkar Copyright Blog

NOVEMBER 22, 2021

All companies ensure that their domain names co-relate with their respective trademarks. It helps the consumer correlate and identify the company based on their trademark. It prohibited the defendants from using the name “yahooindia.com” They could not use any other trademark that is alike the plaintiff’s brand.

Service Mark 52

Service Mark Registration Trademark Registering Trademarks 52

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

Advertising 52

Advertising Advertising Service Mark Branding 52

The TTABlog

MARCH 22, 2024

A trademark registration is presumed valid, and so a party seeking cancellation bears the initial burden of establishing a prima facie case of abandonment. Under Section 45 of the Trademark Act, proof of non-use for three consecutive years constitutes prima facie evidence of abandonment. and websites that do not display the APPLE mark.

Registration 62

Registration Service Mark Trademark Copyright 62

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." And so, the Board affirmed the refusal under Sections 1, 2, 3 and 45 of the Trademark Act. Text Copyright John L.

Service Mark 54

Service Mark Registration Trademark Design 54

The TTABlog

AUGUST 29, 2022

Erik Brunetti, famous in the trademark world for knocking the scandalous and immoral provision of Section 2(a) out of the Lanham Act [ TTABlogged here ], returned to the TTAB in this battle over the proposed mark F**K for phone cases, jewelry, bags, and retail store services, in four separate applications.

Registration 52

Registration Service Mark Trademark Government 52

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? Abandonment: Precedential No.

Service Mark 82

Service Mark Designs Design Ownership 82

The TTABlog

AUGUST 26, 2022

The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services." Text Copyright John L. In re Caracol Televisión S.A. Serial Nos. Velcro, Inc. Read comments and post your comment here.

Television 62

Television Design Designs Service Mark 62

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 83

False Advertising Advertising Advertising Copying 83

The IPKat

JULY 4, 2021

Kluwer Trademark Blog reported on the application. 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).

Blogging 84

Blogging IP Design Designs 84

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

Trademarks Independent applications must be filed in each country. It is the conventional way to file a trademark. There is no unified office for EAEU trademarks. It is the unified register of EAEU trademarks. Foreign applicants must appoint a representative among trademark attorneys of the EAEU countries.

Intellectual Property 52

Intellectual Property IP Contracts Registration 52

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 Brands 52

The TTABlog

JULY 8, 2024

Expungement proceedings, created by the Trademark Modernization Act of 2020, are ex parte proceedings in which the USPTO may cancel a registration, in whole or in part, if the registered mark has never been used in commerce in connection with some or all of the goods/services identified in the registration. Precedential?

Registration 70

Registration Service Mark Design Designs 70

43(B)log

JANUARY 6, 2022

5-hour Energy [a frequent litigant in this space] sued mainly over trademark infringement, but also alleged false advertising (and trademark dilution). This is true even if the “gravamen” of the complaint is that the slogan promoting “up to 7 HOURS of Energy” is trademark infringement.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

The TTABlog

DECEMBER 18, 2023

"While this fact saved Game Plan's Opposition from dismissal for failure to prosecute under Trademark Rule 2.132, it leaves Game Plan with no other evidence to support [its] claims." Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights.

Law 70

Law Registration Service Mark Litigation 70

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." Text Copyright John L. See Couture v.

Service Mark 52

Service Mark Registration Advertising Advertising 52