LexBlog IP

NOVEMBER 15, 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. The TTAB affirmed the refusal to register, denying registration under sections 1, 2, 3 and 45 of the Trademark Act. 4, 2021) [not precedential] ( CHiP ).

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Service Mark Registration Trademark Business 52

Kashishipr

AUGUST 10, 2021

Domain names are granted on a ‘first come, first served’ basis, and the registration is inexpensive and convenient. 1) Identical to or confusingly similar : The domain that is in question must be identical to or confusingly similar to a name, trademark, or service mark in which you have rights.

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Settlement Registration Service Mark Trademark 105

JD Supra Law

OCTOBER 23, 2023

The blog post, “What are the Types of Trademarks,” explained the distinction between Trademarks, Service Marks, State Marks, Federal Marks, and Common Law Marks, which are common types of protection for marks in the United States. This blog post concentrates on protecting marks outside of the United States.

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Registration Trademark Service Mark Blogging 74

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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Service Mark Registration Trademark Advertising 52

Above the Fold

DECEMBER 21, 2021

On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the trademark application; mere preparation to render the services is insufficient. Opinion, at p.

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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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Service Mark Registration Trademark Advertising 52

IP and Legal Filings

MAY 20, 2022

A trademark works as an instrument to claim any sort of mark as your own. There are several kinds of trademarks in India that are eligible for registration the Trademarks Act 1999. These include wordmarks, service marks, certification marks, and many more. For example- the ISI certification mark.

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Patently-O

APRIL 20, 2022

The USPTO refused to register Glascoe’s mark SCIENTIFIC STUDY OF GOD for use as a service mark when “analyzing the process of creating a human being, the earth, the universe and its environment.” ” I know what you are thinking–deceptively misdescriptive.

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Service Mark Registration Branding Branding 124

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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Registration Trademark Advertising Advertising 52

The IPKat

DECEMBER 14, 2023

Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. In Kenya, the Registrar of trademarks resolved the " Tinderet Case ," a dispute over the registration of the trademark "TINDERET TEA FARM." Katpost on the decision here.

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IP Service Mark Cease and Desist Registration 83

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. It can be registered in a single class or multi-class.

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Trademark Service Mark Registration Registering Trademarks 96

The TTABlog

MARCH 22, 2024

Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. abandoned the mark through nonuse. If the petitioner presents a prima facie case, the burden of production shifts to the registrant to rebut the prima facie showing.

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Registration Service Mark Trademark Copyright 49

The TTABlog

DECEMBER 13, 2021

Applicant’s incorporation of her organization, application for tax-exempt status and registration of her domain name did not accord her service mark rights. She had just finished her education and had just formed an entity to develop her vision of “encouraging 'decency' in medicine and medical research." See Stawski v.

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Service Mark Advertising Advertising Business 45

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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Registration Trademark Service Mark Marketing 58

The TTABlog

AUGUST 19, 2024

In a "somewhat unusual" Section 2(d) cancellation proceeding targeting a Supplemental Register registration and involving "dueling claims of acquired distinctiveness," the Board granted a petition for cancellation of Fieldvine's Inc's registration for the mark PERMITS.COM for construction permit services.

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Registration Advertising Advertising Service Mark 49

The TTABlog

MARCH 8, 2022

The Trade Mark [sic] Act is not an act to register words but to register trademarks. Before there can be registrability, there must be a trademark (or a service mark) and, unless words have been so used, they cannot qualify for registration." In re Standard Oil Co. , 2d 945, 125 USPQ 227, 229 (CCPA 1960).

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The TTABlog

JULY 16, 2021

Respondent's rope-a-dope defense proved to be successful in this cancellation proceeding aimed at a registration for the mark ONEPACKET (standard form) for computer-related services. What if the registrant has no intent one way or the other? Then registrant wins. - Emphasis supplied.]. I think not.

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Registration Copyright Notice Service Mark Copying 45

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. Its intent that the phrase function as a service mark is irrelevant. Would you have applied for registration?

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Service Mark Advertising Advertising Registration 78

The TTABlog

AUGUST 18, 2022

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. 3d 1023, 123 USPQ2d 1024, 1028 (Fed. Read comments and post your comment here. Welch 2022.

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Ownership Registration Service Mark Contracts 45

IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. Granting patents registrations is generally based on a first-to-file (or first-to-invent, depending on the country) basis. Collective marks may be registered and are treated as ordinary trademarks for the purposes of substantive examination.

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IP Watchdog

SEPTEMBER 21, 2021

In the mid-1990s William Howard joined the band, and in 1997, Beasley obtained a New Jersey state service mark for THE EBONYS. Each artist believed themselves the owner of the Ebonys name, and in 2012, Howard obtained Registration No. 4,170,469 (the ‘469 mark) for THE EBONYS, as a federal trademark. .

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Service Mark Trademark Registration Intellectual Property 69

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

On the other hand, the same decided in favor of the applicant, the trademark goes for registration. Registration of Trademark. If the accepted trademark is not opposed during the advertisement for 4 months, then it will proceed for trademark registration. Renewal of Trademark.

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Registration Trademark Journalism Advertising 40

The TTABlog

MARCH 12, 2024

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied].

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Service Mark Registration Licensing Advertising 53

The TTABlog

FEBRUARY 21, 2023

Section 4 of the Trademark Act provides for registration of a collective membership mark, defined as a trademark or service mark adopted by a collective and used by members to indicate membership in the collective. In re Code Consultants Inc., 60 USPQ2d at 1700. Emphasis by the Board]. The record as a whole, including Ms.

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Business Service Mark Registration Trademark 64

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?

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Law Trademark Law Social Media Service Mark 52

LexBlog IP

APRIL 4, 2023

Unlike traditional trademarks or services marks, collective membership marks do not indicate the source or origin of specific goods and/or services. Importantly, to show use of the collective membership mark in commerce, the owner must submit a specimen demonstrating use of the mark by its members.

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Registration Service Mark Trademark Intellectual Property 40

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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Trademark Service Mark Registration Registering Trademarks 52

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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Service Mark Designs Design Ownership 83

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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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.

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Trademark Law Trademark Law Service Mark 98

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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Service Mark Registration Trademark Registering Trademarks 52

IP Intelligence

FEBRUARY 8, 2022

The examining attorney and the Board refused registration of both versions for failure to function as a mark. 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.

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LexBlog IP

FEBRUARY 8, 2022

The examining attorney and the Board refused registration of both versions for failure to function as a mark. 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.

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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. But, the burden will be on the applicant to overcome what appears to be a presumption against registrability. The opinion here is more nuanced.

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Registration Trademark Service Mark Trademark Law 64

The TTABlog

FEBRUARY 1, 2024

Here are three recent TTAB rulings, each sustaining an opposition based upon non-use of the opposed service mark. For a service mark, the services must be rendered in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. PayNearMe, Inc. Substring, LLC , Opposition No.

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Service Mark Registration Technology Designs 49

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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Registration Branding Branding Brands 59

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.

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Registration Service Mark Designs Design 56