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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Trademark Law Trademark Law Service Mark 98

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.

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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

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. for protection of its trademark “L.O.L. Thus, in April 2022, deciding on a case brought by a U.S.

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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.

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Artwork Trademark Publishing Marketing 119

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.”

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Registration Trademark Advertising Advertising 52

Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. 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.

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Trademark Registration Registering Trademarks Designs 52

Biswajit Sarkar Copyright Blog

OCTOBER 21, 2021

What is Trademark Search? Trademark search refers to any action taken to determine whether a trademark is used in commerce. Indian Trademark Search. The Procedure of Trademark Search. The Procedure of Trademark Search. There are 45 classes of trademark registration.

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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.

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Service Mark Registration Artwork Business 60

43(B)log

JANUARY 6, 2022

5-hour Energy [a frequent litigant in this space] sued mainly over trademark infringement, but also alleged false advertising (and trademark dilution). This is true even if the “gravamen” of the complaint is that the slogan promoting “up to 7 HOURS of Energy” is trademark infringement.

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Advertising Advertising False Advertising Intellectual Property 72

IP and Legal Filings

MARCH 28, 2024

V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec. North Star Entertainment Pvt. Ltd ” [10].,

Cinema 98

Cinema Copyright Blogging Registration 98

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). The object then is to hear out all sides, and offer some thoughts on the recent clamor around acoustic marks and the questions that they present.

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Trademark Registration Music Intellectual Property 52

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." Welch 2022.

Music 52

Music Licensing Brands 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”.

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Intellectual Property Inventor Invention Trademark 59

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.

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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.

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Registration Service Mark Trademark Brands 53

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.

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Registration Brands Branding 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. This resulted in the creation of brand names and, eventually, trademark protection for brands. The expenses associated with trademark registration pale in comparison to this.

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Marketing Marketing Intellectual Property Brands 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." And so, the Board affirmed the refusal under Sections 1, 2, 3 and 45 of the Trademark Act. In re Richard M. TTABlogger comment: WYHA?

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Service Mark Registration Trademark Designs 56

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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The TTABlog

JULY 8, 2024

Expungement proceedings, created by the Trademark Modernization Act of 2020, are ex parte proceedings in which the USPTO may cancel a registration, in whole or in part, if the registered mark has never been used in commerce in connection with some or all of the goods/services identified in the registration. Century Life of Am.,

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Registration Service Mark Designs Design 56

The TTABlog

JUNE 11, 2024

The Board found that the mark, which indicates membership in a motorcycle club, falsely suggests a connection with the United States Marine Corps in violation of Section 2(a) of the Trademark Act. Nothing in Section 4 exempts collective membership marks from Section 2(a). In re Leathernecks Motorcycle Club International, Inc.

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Registration Service Mark Government Trademark 53

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." Although the third-party uses are not in the nature of trademarks, they are probative of consumer perception. The Board disagreed.

Law 40

Law Service Mark Registration Trademark 40

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

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.

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Intellectual Property Artistic Work IP Marketing 52

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.

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Confidentiality Business Intellectual Property Service Mark 52

IP and Legal Filings

NOVEMBER 7, 2024

In today’s world, the term “trademark” pops out in discussions pertaining to business and brand. But what, exactly, is a trademark and why does it matter? Below is a simple guide to India’s trademark system. What is a Trademark? That’s a trademark. Why Trademark is Important?

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Trademark Registration Brands Branding 97

The TTABlog

MARCH 18, 2025

Trademark Rule 2.56(b)(2) 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. See In re Red Robin Enters. ,

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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.

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Registration Service Mark Trademark Art 64

Patently-O

NOVEMBER 17, 2023

Court of Appeals for the Federal Circuit recently affirmed two Trademark Trial and Appeal Board (TTAB) decisions. 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 Trademark Manual of Examining Procedure (TMEP) § 1202.04

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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.

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