The TTABlog

JULY 26, 2024

The evidence showed that some of Redden’s competitors use the term "solar concierge" in their marks or trade names. Those third-party uses are consistent with the dictionary definitions of the constituent words, and in combination each word retains its merely descriptive significance for the services.

Service Mark 49

Service Mark Advertising Advertising Registration 49

The TTABlog

MAY 10, 2023

Matter that does not serve to indicate the source or origin of the identified goods and distinguish them from others does not meet the statutory definition of a trademark. The critical issue, of course is how the relevant public perceives the proposed mark. As we note above, some third-party uses are service mark uses.

Artwork 60

Artwork Service Mark Registration Trademark 60

IP and Legal Filings

AUGUST 3, 2023

“Failure to Function” refers to a situation where a trademark application is rejected because the proposed mark is deemed incapable of fulfilling its essential role as a source identifier. Therefore, in order to acquire a registration, a trademark must function as a trademark along with being distinctive.

Registration 52

Registration Branding Brands Branding 52

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 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." The Board was not impressed. It depends on consumer perception.

Service Mark 40

Service Mark Registration Designs Design 40

Corsearch

AUGUST 30, 2023

Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. Absolute grounds for refusal of registration are factors within the individual trademark in isolation which hinder registration. See registration fee.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

LexBlog IP

SEPTEMBER 29, 2022

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. The Ardagh analysis echoes the analysis found in American courts and registration controversies, such as in the case of Ride The Ducks, LLC v.

Trademark 52

Trademark Registration Music Intellectual Property 52

43(B)log

SEPTEMBER 16, 2021

It has trademark registrations for the word mark “NEO4J.” The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.”

False Advertising 64

False Advertising Advertising Advertising Licensing 64

IIPRD

JUNE 13, 2024

AI affects the current structure of intellectual property rights, Artificial intelligence in the contemporary era AI is often considered as a subset of computer science that focuses on simulating intelligence in machines but this definition does not do justice with the AI scope and its vast features.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

The TTABlog

JUNE 11, 2024

Section 2(a), in pertinent part, prohibits registration of “matter which may … falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols." The Club argued that Section 2(a) does not apply to collective membership marks but the Board disagreed. Greenbaum). The Board pointed to Section 1304.03

Registration 53

Registration Service Mark Government Trademark 53

Patently-O

NOVEMBER 17, 2023

13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark. The examining attorney refused registration under 15 U.S.C. §§ 1052 and 1053, finding that the mark failed to function as a source identifier and instead conveyed an informational message.

Trademark 64

Trademark Registration Trademark Law Service Mark 64