IP and Legal Filings

NOVEMBER 7, 2024

Trademark refers to any sign, logo, word, phrase, or design that identifies and distinguishes the source of goods or services from others in the market. This gives a legal frame-work for registration, protection, and enforcement of trademarks in India. But what, exactly, is a trademark and why does it matter?

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Trademark Registration Branding Branding 90

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.

Trademark 94

Trademark Registration Service Mark Design 94

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." Examining Attorney Laura E.

Registration 70

Registration Service Mark Design Designs 70

The TTABlog

SEPTEMBER 16, 2024

It asserted that the phrase A CHANCE TO LIVE LONGER is not a commonplace message and is suggestive and aspirational, pointing to 50 registrations that cover similar aspirational slogans. As to third-party registrations, the Board observed once again that it must assess registrability in each case on its own evidentiary record.

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Registration Service Mark Trademark Branding 67

The TTABlog

FEBRUARY 1, 2024

Here are three recent TTAB rulings, each sustaining an opposition based upon non-use of the opposed service mark. For a service mark, the services must be rendered in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. PayNearMe, Inc. Substring, LLC , Opposition No.

Service Mark 62

Service Mark Registration Technology Design 62

The TTABlog

OCTOBER 1, 2024

Jones filed counterclaims seeking partial cancellation of those two registrations (the "Counterclaimed Registrations") on the ground of nonuse prior to the expiration of the time for filing the statements of use, for all of the services except for the mentoring portion of the athletic development program.

Law 62

Law Registration Advertising Advertising 62

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.

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Registration Branding Brands Branding 52

IP Intelligence

FEBRUARY 8, 2022

The examining attorney and the Board refused registration of both versions for failure to function as a mark. The Federal Circuit found that substantial evidence supported the Board’s finding that consumers will perceive.SUCKS only as a non-source identifying part of a domain name and not as a service mark.

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Service Mark Registration Design Designs 52

LexBlog IP

FEBRUARY 8, 2022

The examining attorney and the Board refused registration of both versions for failure to function as a mark. The Federal Circuit found that substantial evidence supported the Board’s finding that consumers will perceive.SUCKS only as a non-source identifying part of a domain name and not as a service mark.

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Service Mark Registration Design Designs 52

The TTABlog

FEBRUARY 16, 2024

The Board affirmed a refusal to register the proposed mark EXPERIMENTAL AND APPLIED SCIENCES for “Dietary and nutritional supplements” on the ground that the mark is used solely as a trade name to identify applicant's business and therefore is not registrable. A designation may function as both a trade name and a trademark.

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Trademark Design Designs Service Mark 51

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. Its intent that the phrase function as a service mark is irrelevant. Would you have applied for registration?

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Service Mark Advertising Advertising Registration 76

LexBlog IP

SEPTEMBER 11, 2023

In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. Color was not claimed as part of the mark. [1] Color was not claimed as part of the mark. [1]

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Trademark Registration Design Designs 52

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] 13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal Precedential No. Guess What?

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Service Mark Design Designs Ownership 82

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.

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Service Mark Registration Design Designs 40

Patently-O

JANUARY 26, 2024

The court found substantial evidence supported the TTAB’s conclusion that the slogan fails to function as a source identifier for the applicant GO & Associates’ goods and services. But, the burden will be on the applicant to overcome what appears to be a presumption against registrability. The opinion here is more nuanced.

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Registration Trademark Service Mark Trademark Law 64

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

LexBlog IP

DECEMBER 19, 2023

CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

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. The Club argued that Section 2(a) does not apply to collective membership marks but the Board disagreed. In re Leathernecks Motorcycle Club International, Inc.

Registration 51

Registration Service Mark Government Trademark 51

Indiana Intellectual Property Law

AUGUST 18, 2021

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos.

Trademark 52

Trademark Registration Service Mark Design 52

The TTABlog

AUGUST 26, 2022

The Board observed that “a proposed trademark is registrable only if it functions as an identifier of the source of the applicant’s goods or services.” Sections 1, 2, 3, and 45 of the Trademark Act provide the statutory basis for a refusal to register subject matter that fails to function as a service mark. “[N]ot

Television 62

Television Designs Design Service Mark 62

IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. Granting patents registrations is generally based on a first-to-file (or first-to-invent, depending on the country) basis. Collective marks may be registered and are treated as ordinary trademarks for the purposes of substantive examination.

Trademark 98

Trademark Intellectual Property Registration IP 98

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.

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Service Mark Registration Trademark Design 54

The TTABlog

DECEMBER 18, 2023

Applicant UNIP (apparently owned in part by LeBron James) counterclaimed for cancellation of that registration on the ground of likelihood of confusion. Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights. Game Plan, Inc.

Law 70

Law Registration Service Mark Litigation 70

IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1]

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. Seems like a nonsequitur to me - ed.

Marketing 70

Marketing Marketing Ownership Registration 70

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]. Lal Babu Priyadarshi [9]. 1] Acharya, M.

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.

Trademark 98

Trademark Registration Intellectual Property Branding 98

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? & Design" for Beer? [Yes] Precedential No.

Registration 67

Registration Cinema Trademark Reporting 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. federal government did so (see 15 U.S.

Trademark 98

Trademark Government Copyright Service Mark 98

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. The expenses associated with trademark registration pale in comparison to this. Three-dimensional or two-dimensional characteristics may be used in industrial designs.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

IP and Legal Filings

JANUARY 4, 2022

The Nice Agreement, concluded at Nice in 1957, revised at Stockholm in 1967 and at Geneva in 1977, and amended in 1979, establishes a classification of goods and services for the purposes of registering trademarks and service marks (the Nice Classification).

Intellectual Property 52

Intellectual Property Registration Music Design 52

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

Kashishipr

JULY 27, 2022

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

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 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.”

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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. 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 Design 52

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

LexBlog IP

JANUARY 11, 2022

You may use the circled “R” (®) only after successfully trademark registration. However, you may use “TM” ( ) and “SM” (℠) even if you did not file for registration. Below, I break down in greater detail what these marks mean. In fact, you do not need to use it, but it is wise idea.

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Trademark Registering Trademarks Registration Copying 52