The TTABlog

MAY 29, 2024

"Where the evidence suggests that the ordinary consumer would take the words at their ordinary meaning rather than read into them some special meaning distinguishing the goods and services from similar goods and services of others, then the words fail to function as a mark." Wal-Mart Stores , 2019 WL 193990, at *12.

Service Mark 116

Service Mark Branding Brands Branding 116

The IPKat

DECEMBER 14, 2023

Yesterday, it was all about key developments in the copyright field in the Africa IP Highlights 2023 – the result of collaboration between myself and several IP practitioners and researchers across Africa: Clarisse Mideva ; Rita Chindah ; and Jessie Mgonga. Today, it’s about the trade marks. Katpost on the decision here.

IP 83

IP Service Mark Cease and Desist Registration 83

The TTABlog

FEBRUARY 22, 2022

129 USPQ2d 1148, 1149-50 (TTAB 2019)." Its intent that the phrase function as a service mark is irrelevant. The Board concluded that "get ordained" fails to function as a service mark for applicant's services, and so it sustained the opposition. Would you have applied for registration? Welch 2022.

Service Mark 76

Service Mark Advertising Advertising Registration 76

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. Cancellation No.

Designs 67

Designs Design Registration Service Mark 67

The TTABlog

DECEMBER 18, 2023

Applicant UNIP (apparently owned in part by LeBron James) counterclaimed for cancellation of that registration on the ground of likelihood of confusion. 91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. In any case, UNIP's evidence showed that the assignor continued to use the mark prior to the assignment.

Law 70

Law Registration Service Mark Litigation 70

The TTABlog

FEBRUARY 7, 2024

The Board dismissed an opposition to registration of SPLIT DECISION for "Entertainment services in the nature of live visual and audio performances, namely, musical rock band," finding that Opposer Billy Stott failed to carry his burden to prove that Applicant Split Decision Music, LLC was not the owner of the mark.

Ownership 67

Ownership Editing Music Service Mark 67

The TTABlog

AUGUST 26, 2022

The Board observed that “a proposed trademark is registrable only if it functions as an identifier of the source of the applicant’s goods or services.” In re DePorter , 129 USPQ2d 1298, 1299 (TTAB 2019) (citing 15 U.S.C. §§ 1051, 1052, and 1127). Text Copyright John L. In re Caracol Televisión S.A. Serial Nos.

Television 62

Television Designs Design Service Mark 62