IP and Legal Filings

JUNE 14, 2023

A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name. This is created through personal contact with the client in connection with the use of services or products, contact with sales or client support, or through brand communication (marketing).

Marketing 52

Marketing Marketing Intellectual Property Branding 52

The TTABlog

JULY 8, 2024

In this appeal from final refusals issued in two expungement proceedings, the Board affirmed the USPTO Director's decision to cancel registrations for the mark SMARTLOCK , in standard character and design form, for "Components for air conditioning and cooling systems, namely, evaporative air coolers." Century Life of Am.,

Registration 70

Registration Service Mark Designs Design 70

The TTABlog

SEPTEMBER 16, 2024

And it argued that it uses A CHANCE TO LIVE LONGER in a manner that projects trademark and service mark significance because the "specimen shows that the slogan A CHANCE TO LIVE LONGER is presented in the same stylization and colors, and with the same embedded diagonal-streak design element, as the pharmaceutical brand name to which it relates."

Registration 67

Registration Service Mark Trademark Branding 67

Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. Copyright Office, after what amounts to a much lighter review process.

Trademark 98

Trademark Government Copyright Service Mark 98

The TTABlog

OCTOBER 10, 2023

Opposer and applicant agreed in the Asset Purchase Agreement ("APA") that opposer would “maintain sole rights in the designation ‘KME’ for use as a trademark” and that applicant would “eliminate references to ‘KME’” and “cease making use of the trade names and product or service marks of [Opposer] or confusingly similar designations or trademarks.”

Marketing 70

Marketing Marketing Ownership Registration 70

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." That opinion had originally been deemed nonprecedential, but at the USPTO's request, the court re-designated it as precedential.

Service Mark 54

Service Mark Registration Trademark Designs 54

The TTABlog

JUNE 11, 2024

The Leathernecks Motorcycle Club was thwarted in its attempt to register the collective membership mark LEATHERNECKS in the design form shown immediately below. Nothing in Section 4 exempts collective membership marks from Section 2(a). The Board pointed to Section 1304.03

Registration 51

Registration Service Mark Government Trademark 51

IIPRD

JUNE 13, 2024

When artificial technologies are utilized for creating innovations, such as employing evolutionary algorithms for antenna design or engaging IBM Watson to produce music, IPR laws become relevant. AI is doing lots of creative work in the fields of animation, web apps, images, music, designing, and various other things.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

IP and Legal Filings

AUGUST 3, 2023

Before being identified and registered, the trademarks are scrutinized to ensure that they possess the necessary distinctiveness and can effectively differentiate goods or services in the marketplace. The more familiar the term or phrase is, the less likely it will be a mark that could be used to identify a single source of goods or services.

Registration 52

Registration Branding Brands Branding 52

The TTABlog

DECEMBER 20, 2022

The pro se applicant argued, without success, that the proposed mark is suggestive rather than merely descriptive because "HUMAN could refer to any number of ambiguous interpretations about the mark, especially if HUMAN is used as a noun." In re Human Data Labs, Inc.

Service Mark 62

Service Mark Advertising Advertising Licensing 62

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Trademark Infringement. Cite to Ohio State v.

Artwork 111

Artwork Trademark Publishing Marketing 111

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

IP 131

IP Branding Brands Branding 131

The TTABlog

DECEMBER 18, 2023

91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. Opposer Game Plan did not submit any evidence at trial, instead referring to "previously discovered evidence as referenced in filings already submitted to the Board," including the entire TTABVUE record. Game Plan, Inc. Uninterrupted IP, LLC , Opposition No.

Law 70

Law Registration Service Mark Litigation 70

Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. Now let us define IPRs.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

IP and Legal Filings

FEBRUARY 2, 2024

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. 1] Acharya, M. 2022, February 28).

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

IP and Legal Filings

DECEMBER 18, 2022

Trademark is a kind of intellectual property which is capable of being represented graphically, it can be any word, design, symbol, phrase, design, shape, packaging of goods etc. Trademarks are used to distinguish one person’s goods and services from that of others. certification mark etc. Deceptive Trademark.

Trademark 98

Trademark Registration Intellectual Property Brands 98

Intepat

MAY 29, 2024

.” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use.

Registration 52

Registration Trademark Advertising Advertising 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.” False designation of origin: Yep.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

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. The regulations for the use of the mark must be submitted officially as a part of the registration process. See also certification mark.

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. 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). As noted (at 498, fn. 523,616.

Trademark 52

Trademark Registration Music Intellectual Property 52

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

Trademark 64

Trademark Registration Trademark Law Service Mark 64