JD Supra Law

JULY 19, 2024

Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify the origin of a product or service, which can build brand loyalty and trust.

Trademark 66

Trademark Business Service Mark Branding 66

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

IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. The Philippines Intellectual Property Office (IPOPHL) maintains a registry of patents and trademarks that is widely recognized in Southeast Asia. A trademark applicant may be a natural or juridical person. For example, U.S.

Trademark 98

Trademark Intellectual Property Registration IP 98

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].

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

The TTABlog

AUGUST 24, 2022

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

Service Mark 40

Service Mark Design Designs Social Media 40

IP Intelligence

JANUARY 4, 2022

If you desire to register a service mark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted.

Service Mark 52

Service Mark Registration Trademark Advertising 52

JD Supra Law

JUNE 22, 2023

In a twin set of precedential opinions, the Trademark Trial & Appeal Board laid the foundation for determining whether building designs can be trademark protected as service marks. In re Palacio Del Rio, Inc., 87890892 (TTAB May 25, 2023) (Taylor, Greenbaum, Johnson, ATJs).

Trademark 63

Trademark Service Mark Design Designs 63

LexBlog IP

JANUARY 4, 2022

If you desire to register a service mark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted. ” Id.

Service Mark 52

Service Mark Registration Trademark Advertising 52

Indiana Intellectual Property Law

DECEMBER 13, 2024

and Chhaterpal Singh (Defendants) for the unauthorized use of its trademarked business name. The lawsuit, filed under the Lanham Act and related Indiana state laws, addresses issues of trademark infringement , unfair competition , false designation of origin , and trademark dilution. Trademark Registration No.

Marketing 52

Marketing Marketing Trademark Service Mark 52

The TTABlog

JANUARY 17, 2024

Of course, since the involved services are identical in part, the Board must presume that the channels of trade and classes of consumers for the identical services overlap. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark.

Design 53

Design Designs Registration Service Mark 53

Technology & Marketing Law Blog

MARCH 5, 2024

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v.

Artwork 119

Artwork Trademark Publishing Marketing 119

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

IP 132

IP Branding Brands Branding 132

The TTABlog

FEBRUARY 16, 2024

A “trade name” is defined in Section 45 of the Trademark Act as “any name used by a person to identify his or her business or vocation.” A designation used merely as a trade name cannot be registered under the provisions of the Trademark Act." A designation may function as both a trade name and a trademark.

Trademark 53

Trademark Design Designs Service Mark 53

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

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. Applicant's use of the "TM" symbol does not transform the phrase into a trademark. Read comments and post your comment here.

Service Mark 78

Service Mark Advertising Advertising Registration 78

Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. Service Mark Registrations, Nos. Registration No.

Trademark 52

Trademark Registration Service Mark Advertising 52

JD Supra Law

SEPTEMBER 9, 2021

Trade Dress Is Either a Trademark or Service Mark. Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof, which distinguishes the goods (i.e.,

Service Mark 52

Service Mark Trademark 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. Abandonment: Precedential No.

Service Mark 83

Service Mark Design Designs Ownership 83

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] In re Joseph A. 15 U.S.C. §

Trademark 52

Trademark Registration Design Designs 52

Intepat

MAY 29, 2024

Registering a trademark involves navigating various procedures and submitting several documents to the Trademark Registry. Trademark applications can be filed under two primary categories: “Claiming User Date” and “Proposed to be Used.”

Registration 52

Registration Trademark Advertising Advertising 52

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 5361645).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

JD Supra Law

JULY 5, 2023

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found “the one,” it is important to lock it down.

Service Mark 52

Service Mark Marketing Marketing Design 52

The IPKat

JULY 4, 2021

Kluwer Trademark Blog reported on the application. Recently, Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia have made a collective endeavor to move towards the formation of a regional system dealing with trade marks, service marks and appellations of origin of goods in the Eurasian Economic Union (EAEU).

Blogging 65

Blogging IP Design Designs 65

The TTABlog

AUGUST 26, 2022

The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services." In re Caracol Televisión S.A. Serial Nos. Velcro, Inc. Clairol, Inc., 2d 823, 166 USPQ 34, 39 (CCPA 1970).

Television 64

Television Design Designs Service Mark 64

IP Intelligence

FEBRUARY 8, 2022

an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS. 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.

Service Mark 52

Service Mark Registration Design Designs 52

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).

False Advertising 59

False Advertising Advertising Advertising Contracts 59

The TTABlog

DECEMBER 31, 2021

Crowded Field of Third-Party Registrations and Uses Leads to TTAB Reversal of "MATCH STUDIO" Over "MATCH" for Clothing Licensee's Prior Common Law Use Established Priority for "SNORE MD" Mark TTABlog Test: Is "BEDLAM VODKA & Design" for Vodka Confusable With "BEDLAM! & Design" for Beer?

Registration 69

Registration Cinema Trademark Reporting 69

Patently-O

JANUARY 26, 2024

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. I previously wrote about the case here: Crouch, Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions, Patently-O (November 17, 2023). See, TMEP § 1202.04(b)

Registration 64

Registration Trademark Service Mark Trademark Law 64

LexBlog IP

FEBRUARY 8, 2022

an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS. 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.

Service Mark 52

Service Mark Registration Design Designs 52

IP and Legal Filings

AUGUST 3, 2023

Introduction In the world of trademarks , the primary purpose of a mark is to identify and distinguish the source of goods and services. However, not all marks are capable of being identified as valid trademarks. Image Sources : Shutterstock ] There are several possible reasons why a mark may fail to function.

Registration 52

Registration Branding Brands Branding 52

IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. 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.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

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 56

Service Mark Registration Trademark Design 56

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

The TTABlog

SEPTEMBER 16, 2024

The Board agreed with the USPTO that the phrase fails to function as a source indicator, and therefore must be disclaimed under Trademark Rule 6(a). Bristol-Myers contended that the USPTO registered “the identical phrase A CHANCE TO LIVE LONGER” to a third party, thereby demonstrating that the phrase is capable of serving as a trademark.

Registration 53

Registration Service Mark Trademark Branding 53

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 56

Registration Service Mark Design Designs 56

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 56

Marketing Marketing Ownership Registration 56

The TTABlog

DECEMBER 18, 2023

While this fact saved Game Plan's Opposition from dismissal for failure to prosecute under Trademark Rule 2.132, it leaves Game Plan with no other evidence to support [its] claims." Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights.

Law 56

Law Registration Service Mark Litigation 56