The TTABlog

FEBRUARY 16, 2024

A “trade name” is defined in Section 45 of the Trademark Act as “any name used by a person to identify his or her business or vocation.” A designation used merely as a trade name cannot be registered under the provisions of the Trademark Act." A designation may function as both a trade name and a trademark. 15 U.S.C. §

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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.

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Service Mark Advertising Advertising Business 44

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.”

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Registration Trademark Advertising Advertising 52

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.

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Trademark Service Mark Registering Trademarks Advertising 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. Welch 2024.

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Trademark Service Mark Registration Television 54

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.

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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.

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Trademark Registration Service Mark Designs 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.

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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.

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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.

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Business Service Mark Registration Trademark 62

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. Flipkart India Pvt.

Intellectual Property 52

Intellectual Property IP Trademark Copyright 52

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.

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Service Mark Social Media Intellectual Property Law Intellectual Property 73

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.

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Service Mark Advertising Advertising Registration 76

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.

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Artwork Trademark Publishing Marketing 105

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 93

Cinema Copyright Blogging Registration 93

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.

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Service Mark Registration Artwork Business 76

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 Brands 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

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.”

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Service Mark Registration Licensing Advertising 67

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 Brands Branding 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

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 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.

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Registration Service Mark Trademark Brands 67

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 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 131

IP Brands Branding Branding 131

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.

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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.

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Advertising Advertising Service Mark Brands 52

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." The Board noted that the applicant used the phrase in the manner of a service mark, but that begs the question. Text Copyright John L.

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Service Mark Art Trademark Copyright 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.

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Registration Service Mark Trademark Copyright 62

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.

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Registration Service Mark Trademark Government 52

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.

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Service Mark Registration Trademark Designs 54

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.

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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.

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Television Designs Design 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.

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