JD Supra Law

FEBRUARY 16, 2023

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. And to what does it refer: a hashtag for a social media topic, or a number that can be dialed from a mobile phone to reach an attorney referral service?

Trademark Law 52

Trademark Law Law Social Media Service Mark 52

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

The TTABlog

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

Service Mark 60

Service Mark Registration Artwork Business 60

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 56

Registration Service Mark Designs Design 56

IP and Legal Filings

MARCH 28, 2024

The exclusive right to make a follow-up movie, which frequently stars the same actors and may include a significant chunk of the original movie’s narrative, is referred to as “sequel rights.” These registrations aid in allocating precedence. North Star Entertainment Pvt. Ltd ” [10].,

Cinema 98

Cinema Copyright Blogging Registration 98

IP and Legal Filings

DECEMBER 18, 2022

Trademarks are used to distinguish one person’s goods and services from that of others. It is many types, for example, service mark, proprietary mark, product mark, collective mark, word mark. certification mark etc. On 31st August 1942, the appellant registered the mark ‘‘Glucovita’.

Trademark 98

Trademark Registration Intellectual Property Branding 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]. Lal Babu Priyadarshi [9]. 1] Acharya, M.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

The TTABlog

JUNE 11, 2024

Section 2(a), in pertinent part, prohibits registration of “matter which may … falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols." The Club argued that Section 2(a) does not apply to collective membership marks but the Board disagreed. Greenbaum). The Board pointed to Section 1304.03

Registration 53

Registration Service Mark Government Trademark 53

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.

Registration 53

Registration Service Mark Trademark Brands 53

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. Therefore, in order to acquire a registration, a trademark must function as a trademark along with being distinctive.

Registration 52

Registration Branding Brands Branding 52

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.

Service Mark 40

Service Mark Registration Designs Design 40

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. 91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. The sole issue for the Board was priority, and UNIP came in first. Game Plan, Inc.

Law 56

Law Registration Service Mark Litigation 56

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.

Service Mark 56

Service Mark Registration Trademark Designs 56

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.

Marketing 56

Marketing Marketing Ownership Registration 56

The TTABlog

NOVEMBER 14, 2022

The Board observed that, as made clear by the Trademark Act, the USPTO "is statutorily constrained to register matter on the Principal Register if and only if it functions as a mark." Applicant Pound argued that the Board has long recognized the registrability of mnemonic telephone numbers, pointing to TMEP Section 1209.02(l).

Law 40

Law Service Mark Registration Trademark 40

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). ” Ardagh at par.

Trademark 52

Trademark Registration Music Intellectual Property 52

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.

Trademark 52

Trademark Registration Registering Trademarks Designs 52

IP and Legal Filings

JUNE 14, 2023

The expenses associated with trademark registration pale in comparison to this. 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

IIPRD

JUNE 13, 2024

Intellectual property right The World Intellectual Property Organization coordinates the policies and national initiatives around intellectual property rights and has defined intellectual property as referring to the “unique value creation of the human intellect that results from human ingenuity, creativity, and inventiveness”.

Intellectual Property 59

Intellectual Property Inventor Invention Trademark 59

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

Trademark search refers to any action taken to determine whether a trademark is used in commerce. A trademark search is made in the Indian Trademark Registry database, similar word marks, as well as phonetically similar names in a specific class can be comprehensively searched. There are 45 classes of trademark registration.

Trademark 40

Trademark Blogging Registration Service Mark 40

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.”

False Advertising 64

False Advertising Advertising Advertising Licensing 64

Kashishipr

JULY 27, 2022

The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. They refer to the exclusive and legal rights safeguarding the unique creations of the human intellect for a specific period. Now let us define IPRs. Understanding Mergers.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52

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?

Trademark 97

Trademark Registration Branding Brands 97

The TTABlog

JANUARY 9, 2025

Trademark bullies breathed a sigh of relief when, in this opposition to registration of the mark shown below for delivery of medical cannabis via car service, the Board rejected Applicant Greenersides affirmative defense of unclean hands. The Trademark Act does not refer to trademark bullying explicitly or even implicitly.

Registration 64

Registration Service Mark Trademark Art 64

The TTABlog

NOVEMBER 13, 2024

Examining Attorney Jaclyn Kidwell Walker maintained: "It is clear based on all the attached evidence that applicant ONLY provides yacht payment services and does not engage in the chartering services themselves." Payment processing services' are different than 'yacht chartering services.' citations omitted].

Service Mark 45

Service Mark Business Advertising Advertising 45

Patently-O

NOVEMBER 17, 2023

13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark. The examining attorney refused registration under 15 U.S.C. §§ 1052 and 1053, finding that the mark failed to function as a source identifier and instead conveyed an informational message.

Trademark 64

Trademark Registration Trademark Law Service Mark 64

JD Supra Law

JUNE 17, 2024

Elster, the Supreme Court addressed the constitutionality of Section 2(c) of the Lanham Act, which prohibits the registration as a trademark or service mark of any “name, portrait, or signature identifying a particular living individual except by his written consent.” It did so in the context of the U.S.

Service Mark 62

Service Mark Registration Trademark Patent 62