JD Supra Law

NOVEMBER 16, 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by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. 4, 2021) [not precedential] (CHiP).

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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].

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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. Instead, the services must be actually rendered in connection with the mark for a registration to be granted. Patent and Trademark Office (USPTO).

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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. Instead, the services must be actually rendered in connection with the mark for a registration to be granted. Patent and Trademark Office (USPTO). ” Id.

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JD Supra Law

FEBRUARY 16, 2023

How would you pronounce #law? Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark.

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IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. In case one wishes to register their brand under The Trademarks Act 1999, they need to meet certain canons.

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The IPKat

DECEMBER 14, 2023

Today, it’s about the trade marks. February: In Nigeria, the Business Facilitation (Miscellaneous Provisions) Bill, 2022 , was signed into law. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. Katpost on the decision here.

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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. Contested Services").

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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.

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The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek's identical common law mark, also for comic books.

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IP and Legal Filings

OCTOBER 30, 2022

The Philippines has laws and policies that generally support a conducive intellectual property (IP) environment, but enforcement is irregular and inconsistent. Third, rights must be registered and enforced in the Philippines under local laws. trademark and patent registrations will not protect rights holders’ IP in the Philippines.

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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.

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Velocity of Content

JULY 26, 2022

Both copyrights and patents are creatures of federal law in the United States; that is, a patent does not exist until it is issued by the U.S. On the other hand, as a practical matter, trademark owners and a lot of trademark law treat trademarks – mostly, but not entirely – as a kind of intellectual property belonging to the owner.

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Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

If any requirements under the law are not fulfilled, then the Examiner will object to the application and the Counsel for the applicant will make a reply to the objection. If the requirements under the law are fulfilled, then the same will be sent directly to the Acceptance/Refusal stage. Registration of Trademark.

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IP and Legal Filings

MARCH 28, 2024

The Bombay High Court dismissed the plaintiff’s claim that the title was copyrighted from the outset, citing a number of precedents to support its ruling that “it is settled law, and has been for a very long time, that there is no copyright in a title.” These registrations aid in allocating precedence. Mondaq (Dec.

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The TTABlog

NOVEMBER 14, 2022

The Board upheld a refusal to register the proposed mark #LAW for legal referral services, finding that the term, as used on Applicant Pound Law's specimens of use, fails to function as a source indicator. In re Pound Law, LLC , 2022 USPQ2d 1062 (TTAB 2022) [precedential] (Opinion by Judge Cynthia C.

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TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. When Should You Use a Copyright for Your Startup?

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Selvam & Selvam Blog

JANUARY 5, 2023

The registration of a trademark is valid for 7 years and can be renewed every 10 years. You can file an application to renew a trademark registration at any time within 6 months before the expiration of the registration or last renewal. Late renewal is also possible within 6 months after the expiration date.

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The TTABlog

OCTOBER 6, 2022

TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? Yes] TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Guess What?

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The TTABlog

AUGUST 5, 2024

In this opposition to registration of the mark BLIZZARD for various business services, Applicant Ava Labs, Inc., counterclaimed to cancel two pleaded registrations owned by Opposer Blizzard Entertainment for online retail store and mail order services. In re Dr. Pepper Co., 2d 508, 510 (Fed. Carefirst of Md.,

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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.

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DuetsBlog

SEPTEMBER 8, 2020

above-door signage , wondering if Applebee’s ever has attempted to seek federal registration. for registration, considering it merely informational and incapable as a trademark. Terms and expressions that merely convey an informational message are not registrable. Over the years, I’ve focused on the more permanent Welcome Back!

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43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms. The actionable alleged misrepresentation is that defendant performed the relevant services.

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Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

You can apply for trademark registration online, the process for which is fairly straightforward. However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. Hiring a trademark lawyer will help you take care of all your registration needs. Who is a trademark lawyer?

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Biswajit Sarkar Copyright Blog

NOVEMBER 22, 2021

The domain registration agreement incorporates the policy. The disputes should deal with the registration of a domain name. It also lays down the use of an Internet domain name between the registrant and any party other than them. Service mark and trademark holders must be granted civil recourse. INDRP stands for.in

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The TTABlog

OCTOBER 2, 2024

The Board noted that product packaging trade dress and trade dress for services can be inherently distinctive, but here inherent distinctiveness was not at issue because Applicant sought registration under Section 2(f). Consequently, "the proposed mark’s lack of inherent distinctiveness is deemed an established fact."

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Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

You can apply for trademark registration online, the process for which is fairly straightforward. However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. A trademark lawyer or agent can advise on matters related to trademark filings, registration and opposition.

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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? [Yes] Precedential No. Lack of Bona Fide Intent: Precedential No.

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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. The opinion here is more nuanced. See, TMEP § 1202.04(b)

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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. 1:21-cv-00263-HAB-SLC.

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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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Indiana Intellectual Property Law

DECEMBER 13, 2024

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. This trademark is used to identify My Markets services, particularly in the food industry.

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Traverse Legal Blog

NOVEMBER 17, 2024

Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration. There are several ways to identify common law trademarks. The purpose of trademark availability assessment is really threefold.

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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." In re Richard M. See 15 U.S.C. §§ 1052, 1053.

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The IPKat

MAY 29, 2023

The second edition offers revised, or wholly rewritten chapters to the overlaps discussed in the first edition so as to reflect recent developments, as well as to include new chapters (the overlap between privacy and copyright law; privacy and secrecy; trademarks certification marks and collective marks; and IP and traditional knowledge).

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LexBlog IP

SEPTEMBER 11, 2023

In doing so the Board held that video game characters are not per se registrable without a showing that they function as marks. Color was not claimed as part of the mark. [1] Applicant contended that such a “bright-line rule against characters as trademarks has no basis in the statute or case law.”

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LexBlog IP

SEPTEMBER 29, 2022

I start with MGM and Penn State, not because MGM’s registered trademark and Penn State’s common law one are at odds, but because they are two well-known acoustic, or sound (or auditory), marks that can help us understand those sounding off recently about such non-traditional trademarks.

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