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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Service Mark Advertising Advertising Trademark 52

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by the Trademark Trial and Appeal Board (TTAB) in In re California Highway Patrol, SN 88796327 (TTAB Nov. 4, 2021) [not precedential] (CHiP).

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Service Mark Registration Trademark 52

IP Intelligence

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. Section 1053 (which, generally, provides that service marks used in commerce are registrable like trademarks) and Section 45, 15 U.S.C. The takeaway from CHiP ?

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Service Mark Registration Trademark Business 52

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. Section 1053 (which, generally, provides that service marks used in commerce are registrable like trademarks) and Section 45, 15 U.S.C. ” Id. ” Id.

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Service Mark Registration Trademark Business 52

Erik K Pelton

FEBRUARY 4, 2021

TM – Unregistered mark, used with products and tangle items. SM – Unregistered service mark, used with services. Here is a handy cheat sheet I made: ® – a.k.a “circle-R” – Registered trademark with the USPTO.

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Trademark Copyright Copyright Notice Service Mark 162

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). Suuberg , at p.

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Service Mark Registration Trademark Advertising 52

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

The TTABlog

AUGUST 24, 2022

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

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Service Mark Designs Design Social Media 40

JD Supra Law

FEBRUARY 6, 2023

My previous 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. By: Dunlap Bennett & Ludwig PLLC

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Registration Service Mark Blogging Trademark 98

JD Supra Law

AUGUST 4, 2021

Insurers naturally allow their agents and other third parties to use their trademarks and service marks. But unless you set clear guidelines for third-party use of your brands, this can be risky.

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Trademark Service Mark Intellectual Property Branding 98

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

JD Supra Law

APRIL 15, 2022

With excellent craft beers, breweries have become highly popular in the Washington, D.C. metropolitan area and throughout the United States and are most often visited during spring, summer, and fall. The brewers regularly surprise their devoted craft beer communities with new beers while serving their popular classics every year.

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Service Mark Art Trademark 52

Kashishipr

AUGUST 10, 2021

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. Requirements to Initiate Action under UDRP. (1) Note that this can cover unregistered trademarks such as names of well-known personalities. (2) The Process.

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Settlement Registration Service Mark Trademark 105

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.” In re Glascoe (Fed. ” I know what you are thinking–deceptively misdescriptive.

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Service Mark Registration Branding Brands 124

IP Watchdog

OCTOBER 3, 2023

with willful trademark infringement, as well as common law violations under Florida competition, trademark and service mark laws and violations of Florida’s Deceptive and Unfair Trade Practices Act. District Court for the Middle District of Florida, charging Musk’s X Corp.

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Social Media Trademark Service Mark Law 80

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 73

The TTABlog

DECEMBER 16, 2024

In a less than enlightening decision, the Board affirmed a refusal to register the proposed mark shown below as a service mark for "casinos" and "hotel, restaurant and bar services," finding that the mark "is not an inherently distinctive source identifier and therefore, fails to function as a service mark for Applicants services."

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Service Mark Design Designs Registration 85

IP and Legal Filings

MAY 20, 2022

A trademark works as an instrument to claim any sort of mark as your own. These include wordmarks, service marks, certification marks, and many more. Shape Mark- A shape trademark can be used to protect the distinguishable shape of a product, tag, label, etc. For example – Infosys.

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Trademark Service Mark Registration Registering Trademarks 97

JD Supra Law

JULY 19, 2024

Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify the origin of a product or service, which can build brand loyalty and trust. By: Dunlap Bennett & Ludwig PLLC

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Trademark Business Service Mark Branding 65

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. In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013).

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Service Mark Advertising Advertising Registration 78

JD Supra Law

DECEMBER 18, 2024

Effective January 18, 2025, the USPTO will increase government fees for certain trademark and service mark related filings and requests. Fee changes relating to the Madrid Protocol designations at the USPTO and for renewals of WIPO will take effect on February 18, 2025. By: Haug Partners LLP

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Trademark Service Mark Government Design 59

IP and Legal Filings

MAY 20, 2022

There are many types of trademarks such as product mark, shape mark, service mark, certification mark, sound mark, collective mark, pattern mark, etc. Single class trademark application- Trademark/ service mark can get registered under any specified class of goods or services.

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Trademark Service Mark Registration Registering Trademarks 98

The IPKat

DECEMBER 14, 2023

September: In Tanzania, the Registrar of Trade and Service Marks formally announced its intention to abandon Trade or Service Mark applications that do not meet the requirements of the Trade and Service Marks Regulations especially the payment of registration fees.

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IP Service Mark Cease and Desist Registration 83

JD Supra Law

JUNE 22, 2023

In a twin set of precedential opinions, the Trademark Trial & Appeal Board laid the foundation for determining whether building designs can be trademark protected as service marks. In re Palacio Del Rio, Inc., 88412764; 88437801 (TTAB May 25, 2023) (Shaw, Goodman, Hudis, ATJs); In re Seminole Tribe of Florida, Ser.

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Trademark Service Mark Design Designs 62

JD Supra Law

SEPTEMBER 9, 2021

Trade Dress Is Either a Trademark or Service Mark. Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof, which distinguishes the goods (i.e.,

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Service Mark Trademark Design Designs 52

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

IP Law 360

APRIL 18, 2024

The Tenth Circuit on Thursday affirmed a lower court's ruling that Bank of America's virtual assistant "Erica" did not infringe on the trademark of an online movie database, saying the plaintiff failed to establish that the service mark "E.R.I.C.A" was directly associated with the search services offered on the website.

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Service Mark Trademark 52

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. 4,170,469 (the ‘469 mark) for THE EBONYS, as a federal trademark. . As the decades wore on, the Ebonys’ popularity faded, though Beasley alleges they performed continuously since their formation.

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Service Mark Trademark Registration Intellectual Property 69

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 Renaissance Jewelry New York, Inc. Serial Nos. In re Standard Oil Co. ,

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Trademark Registration Service Mark Designs 94

JD Supra Law

APRIL 21, 2023

This blog post explains the general requirements for specimens for trademark and service mark applications. There are numerous exceptions to these general specimen rules depending upon the type of the mark, the respective goods and services of the application, and particular industry standards for the goods/services.

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Trademark Service Mark Blogging 52

JD Supra Law

OCTOBER 6, 2021

In the United States, trademarks, service marks, certification marks, and collective marks are protected not only under civil law pursuant to the Lanham Act, but also under criminal law pursuant to the Trademark Counterfeiting Act, 18 U.S.C. By: Freeman Law

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Trademark Service Mark Law 52

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

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

JD Supra Law

JUNE 16, 2023

Introduction - The test for trademark and service mark infringement first set forth in Rogers v. Grimaldi, has played an increasingly significant role in challenges to the titles and contents of creative works since its articulation.

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Service Mark Trademark 52

JD Supra Law

JULY 5, 2023

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found “the one,” it is important to lock it down.

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Service Mark Marketing Marketing Design 52

The TTABlog

OCTOBER 2, 2024

The Board observed that "where the proposed mark is not inherently distinctive because it is comprised of common features in the relevant field or is typically used or perceived as ornamentation, length of use alone generally is not sufficient to satisfy the elevated burden of proving acquired distinctiveness." In re Erik M.

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Service Mark Social Media Intellectual Property Law Intellectual Property 58

The TTABlog

JULY 26, 2024

This is clear from the third-party service mark, trade name and descriptive uses discussed above, and from Applicant’s prior Supplemental Register registration, as well as her disclaimer of “SOLAR” and Section 2(f) claim in her original application.

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Service Mark Advertising Advertising Registration 49