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. As we note above, some third-party uses are service mark uses. In re GFactor Enterprises, LLC d/b/a Gfactor Films , Serial No.

Artwork 60

Artwork Service Mark Registration Trademark 60

The TTABlog

DECEMBER 20, 2022

McMorrow relied on dictionary definitions of the constituent words, on website evidence showing that one type of data is "human" data, and on several media articles using the term "human data." In re Human Data Labs, Inc. 88526515 (December 15, 2022) [not precedential] (Opinion by Judge Michael B.

Service Mark 49

Service Mark Advertising Advertising Licensing 49

The TTABlog

DECEMBER 13, 2024

If consumers don't or won't perceive a term as indicating source, then the term is not a trademark (or service mark). Failure-to-function is the original sin of trademark law.

Service Mark 45

Service Mark Trademark Law Trademark Blogging 45

The TTABlog

FEBRUARY 2, 2024

. * * * Second, evidence that a mark, or a segment of a mark, is used extensively in commerce by a number of third parties may undermine its commercial strength, as the consuming public may have become familiar with a multiplicity of the same or similar marks, and may have learned to distinguish them based on minor differences.

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Registration Service Mark Advertising Advertising 53

IP and Legal Filings

JUNE 9, 2022

The key differences between the two are: Definition – Trade mark is A trademark is an intangible asset that alludes to any form of visual representation be it a word, symbol or phrase which establishes and distinguishes the products or goods manufactured by a company.

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Registration Design Designs Trademark 93

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."

Service Mark 40

Service Mark Registration Designs Design 40

IP and Legal Filings

AUGUST 3, 2023

Typically, the marks that are informative or descriptive of the product, or those which convey a message that is commonly used, or is generally used to express religious, political or social views, etc, may face rejection based on failure to function. Marks consisting of designs or patterns may also be rejected as a failure to function.

Registration 52

Registration Brands Branding Branding 52

43(B)log

SEPTEMBER 16, 2021

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.” Neo4j ultimately considered PureThink’s Neo4j Government Edition to be a problem.

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

LexBlog IP

SEPTEMBER 29, 2022

As one commentator noted , “[t]he USPTO’s regulatory guidelines for the examination and registration of sound marks are set forth in Section 1202.15 The TMEP lists ‘a series of tones or musical notes’ and ‘wording accompanied by music’ as two examples of potentially registrable forms of sound marks.

Trademark 52

Trademark Registration Music Intellectual Property 52

Corsearch

AUGUST 30, 2023

Someone designated as the recipient of official correspondence from the trademark agency, usually (and in many jurisdictions by definition) the same as the representative. What is a Community Trade Mark, CTM? service mark A trademark which designates services rather than tangible goods. See also goods.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

The TTABlog

JUNE 11, 2024

of the TMEP [not the law - ed. ], which states that an application for registration of a collective service mark "must meet all the criteria for registration of other marks on the Principal Register." The Board pointed to Section 1304.03 Examining Attorney Kevon L.

Registration 53

Registration Service Mark Government Trademark 53

The TTABlog

NOVEMBER 6, 2024

Applicant argued that this tab directs a user to its website, where the user would then receive SAAS services relating to the user’s account. The Board pointed out, however, that "[t]he statutory definition of service mark use does not allow for the indirect 'chain-of-events' type of use Applicant argues for here."

Service Mark 49

Service Mark Licensing Designs Design 49

Patently-O

NOVEMBER 17, 2023

explains that certain types of informational content, such as slogans used by the public to convey sentiments, are typically not registrable because the public is unlikely to perceive them as trademarks or service marks identifying a single commercial source. The Trademark Manual of Examining Procedure (TMEP) § 1202.04

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Trademark Registration Trademark Law Service Mark 64