IP Intelligence

NOVEMBER 15, 2021

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. This issue was recently addressed by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. 4, 2021) [not precedential] ( CHiP ).

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Service Mark Registration Trademark Business 52

The TTABlog

DECEMBER 13, 2024

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

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Service Mark Trademark Law Trademark Blogging 45

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.

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Registration Branding Branding Brands 52

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.

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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.

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Trademark Registration Music Intellectual Property 52

Corsearch

AUGUST 30, 2023

The common-law tort against trademarks (registered or not) is called passing off. 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? This is called priority.

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Trademark Registration Registering Trademarks Design 52

Patently-O

NOVEMBER 17, 2023

In other words, it must be able to indicate the source of the applicant’s goods or services and distinguish them from others. This requirement stems from the core purpose of trademark law, which is protecting the ability of consumers to readily identify the sources of goods and services.

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