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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JD Supra Law

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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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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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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The TTABlog

MAY 29, 2024

Last year, the Board affirmed a refusal to register the proposed mark A S LIVE FOREVER , in the stylized form shown below, for various goods in 14 classes, finding that the phrase fails to function as a trademark. TTABlogged here ].

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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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JD Supra Law

AUGUST 16, 2024

Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in connection with the provision of services. By: Seyfarth Shaw LLP

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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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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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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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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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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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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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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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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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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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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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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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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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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." citations omitted].

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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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The TTABlog

NOVEMBER 6, 2024

Applicant argued that this tab directs a user to its website, where the user would then receive SAAS services relating to the user’s account. The Board pointed out, however, that "[t]he statutory definition of service mark use does not allow for the indirect 'chain-of-events' type of use Applicant argues for here."

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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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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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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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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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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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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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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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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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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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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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The TTABlog

MARCH 12, 2024

COLORADO mark in commerce as of the filing date of the underlying application because it had not yet rendered any pageant services under the mark, and that any prior use under the license inured to the benefit of the licensor, not to Abundance. Rendering services requires actual provision of services.”

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

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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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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.

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Selvam & Selvam Blog

NOVEMBER 4, 2024

For successful transfer of the domain, the following three elements have to be established: Paragraph 4(a)(i): The domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights. Paragraph 4(a)(ii): The registrant has no rights or legitimate interests in respect of the domain name.

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