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?

Law 52

Law Trademark 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.

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 15, 2022

the specimen must contain a reference to the services and the mark must be used on the specimen to identify the services and their source." Nothing in the specimens created a nexus with or referred to the recited services. According to Di-Namic, however, the proposed mark is "much more."

Music 52

Music Licensing Brands Branding 52

The IPKat

SEPTEMBER 15, 2022

Initially, neither the 1992 Law on Trademarks, Service Marks and Designations of Origin , nor the 1992 Patent Law , had provided that putting patented or trademarked goods onto the market within Russia exhausted IP rights. Is anything here on the list?

IP 133

IP Brands Branding Branding 133

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

JULY 24, 2023

For instance, an image may be used in a blog, and if that image is uploaded elsewhere, it is permitted as long as the proper reference thereof is provided. Editorial License : The Editorial License addresses newsworthy purposes, allowing the single, perpetual use of content within a specific context.

Licensing 98

Licensing Advertising Advertising Copying 98

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.” ” [9] Furthermore, there have been instances, such as “ Arbaaz Khan Production Private Limited v. North Star Entertainment Pvt.

Cinema 98

Cinema Copyright Blogging Registration 98

The TTABlog

JULY 8, 2024

The identification should leave no doubt that the mark refers only to the component or ingredient and not to the entire product. 91075090, 1989 TTAB LEXIS 6, at *3 (TTAB 1989) (“[T]he mere acceptance of specimens by the Examining Attorney does not mandate a finding by us that service mark usage was made.”).

Registration 56

Registration Service Mark Design Designs 56

43(B)log

JANUARY 6, 2022

In context, the other terms “refer narrowly and consistently to intellectual property rights, and so should ‘unfair competition.’” Although the exclusion listed “unfair competition,” that term “does not have a singular, unambiguous meaning.”

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

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." And so, the Board affirmed the genericness refusal.

Service Mark 40

Service Mark Registration Design Designs 40

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 49

Service Mark Advertising Advertising Licensing 49

The TTABlog

JUNE 11, 2024

Nothing in Section 4 exempts collective membership marks from Section 2(a). of the TMEP [not the law - ed. ], which states that an application for registration of a collective service mark "must meet all the criteria for registration of other marks on the Principal Register." The Board pointed to Section 1304.03

Registration 53

Registration Service Mark Government Trademark 53

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. Deceptive Trademark.

Trademark 98

Trademark Registration Intellectual Property Branding 98

Technology & Marketing Law Blog

MARCH 5, 2024

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

Artwork 119

Artwork Trademark Publishing Marketing 119

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.

Service Mark 56

Service Mark Registration Trademark Design 56

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 53

Registration Service Mark Trademark Brands 53

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

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. Uninterrupted IP, LLC , Opposition No.

Law 56

Law Registration Service Mark Litigation 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." In re Brunetti , 2022 USPQ3d 764, at *9. The Board therefore affirmed the refusal to register under Section 1, 2, 3, and 45 of the Trademark Act.

Law 40

Law Service Mark Registration Trademark 40

IP and Legal Filings

JUNE 14, 2023

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). The origin function is the capacity to distinguish between products and services coming from various sources.

Marketing 52

Marketing Marketing Intellectual Property Brands 52

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

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.” Neo4j ultimately considered PureThink’s Neo4j Government Edition to be a problem.

False Advertising 64

False Advertising Advertising Advertising Licensing 64

The IPKat

MAY 8, 2023

Subsequently, the German Supreme Court denied an infringement claim in Opel-Blitz II (discussed here ), given the specifics of the German model toy market and the relevant public’s perception of the trade marks used on model cars. It owns German trade marks no. Background The plaintiff Dachser SE (‘Dachser’) is a logistics company.

Service Mark 66

Service Mark Licensing Art Brands 66

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

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 Brands Branding Branding 52

The TTABlog

SEPTEMBER 15, 2021

Second, the representative samples of Opposer’s advertising focus on the CME GROUP mark and CME GROUP logo, not the NYMEX mark. This throws doubt on LaPierre’s testimony that Opposer spends a million dollars a year advertising the NYMEX service mark. The Board found the marks to be more dissimilar than similar.

Advertising 45

Advertising Advertising Service Mark Contracts 45

LexBlog IP

JUNE 14, 2023

The latter reference could be an indication that the NLRB might take the position that a provision that is made enforceable only through “blue penciling” a restrictive covenant agreement violates the NLRA. The Alabama Code has a similar list of protectable interests.

Confidentiality 52

Confidentiality Business Intellectual Property Service Mark 52

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

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. What is Trademark Search? Indian Trademark Search.

Trademark 40

Trademark Blogging Registration Service Mark 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). As noted (at 498, fn. 523,616.

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. service mark A trademark which designates services rather than tangible goods. Glossary A What are absolute grounds? See also goods.

Trademark 52

Trademark Registration Registering Trademarks Design 52

The TTABlog

MARCH 18, 2025

b)(2) states: "A service mark specimen must show the mark as used in [1] the sale of the services, including use in the performance or rendering of the services, or [2] in the advertising of the services. In re Brewhound Coffee-Bar Co. Trademark Rule 2.56(b)(2) See In re Red Robin Enters. ,

Service Mark 59

Service Mark Advertising Advertising Publishing 59

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. Service Marks: Such marks identify services rather than products, like hotels, restaurants, or educational services. What is a Trademark?

Trademark 97

Trademark Registration Brands Branding 97

The TTABlog

JANUARY 9, 2025

The Trademark Act does not refer to trademark bullying explicitly or even implicitly. The Board deemed the marks dissimilar: [t]he commercial impression of Petitioners Red Top Fence Post Mark, is a red top, and the color red. The Board granted DoorDashs motion to strike that defense. Blizzard Entertainment, Inc. Ava Labs, Inc.

Registration 64

Registration Service Mark Trademark Art 64

The TTABlog

NOVEMBER 6, 2024

97768868 (November 12, 2024) [not precedential] (Opinion by Judge Mark A. Examining Attorney Marco Wright and the applicant agreed that "SAAS refers to 'a method of software delivery and licensing in which software is accessed online via a subscription, rather than bought and installed on individual computers.'"

Service Mark 49

Service Mark Licensing Design Designs 49

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