JD Supra Law

DECEMBER 15, 2023

Judgment Gist - Before the filing date of the opposed trademark, Westin Hotel Management, L.P. Westin L.P.”) 773944 and 773940, respectively “Cited Mark 1” and “Cited Mark 2”) in the business activities of each hotel.

Trademark 70

Trademark Branding Brands Branding 70

IP Watchdog

APRIL 4, 2023

The owner of the trademark for APPLE JAZZ has won his appeal from the Trademark Trial and Appeal Board (TTAB), which dismissed his opposition to Apple, Inc.’s Apple filed Trademark Application No. 86/659,444 for APPLE MUSIC, which the company has been using since 2015, when it launched its music streaming service.

Trademark 75

Trademark Music Registration Government 75

IP and Legal Filings

SEPTEMBER 19, 2023

This means that no one else can use the same or a confusingly similar mark in relation to the same or similar goods or services without the owner’s permission. This means that no one else can use the same or a confusingly similar mark in relation to the same or similar goods or services without the owner’s permission.

Trademark 87

Trademark Intellectual Property Registration Registering Trademarks 87

IPilogue

MAY 12, 2022

Given the power of Apple’s brand, it is no surprise that they actively challenge trademarks that resemble their own to protect the dilution of their trademark. But this raises some key questions: Should Apple have the right to challenge all trademarks relating to an apple? What about fruits that bear a resemblance to an apple?

Branding 120

Branding Brands Branding Trademark 120

The TTABlog

DECEMBER 29, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of January 2024. SageForth Psychological Services, LLC, , Opposition No. SageForth Psychological Services, LLC, , Opposition No. SageForth Psychological Services, LLC, , Opposition No.

Editing 69

Editing Designs Design Branding 69

Erik K Pelton

DECEMBER 8, 2020

The USPTO will put into effect on January 2, 2021 what is quite likely the largest trademark fee increase in US history. For my past public comments on these, please see earlier posts here: Public comments submitted by EMP&A regarding USPTO’s proposed trademark fee increases (Aug. 23, 2019). 250 per class.

Trademark 184

Trademark Registration Branding Brands 184

The TTABlog

OCTOBER 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six oral hearings for the month of November 2023. Opposition No. 91263387 [Opposition to registration of BAXTON STUDIO for furniture, on the ground of likelihood of confusion with the registered mark BAXTER for furniture.] Opposition No.

Registration 69

Registration Business Designs Design 69

The TTABlog

SEPTEMBER 1, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of September 2023. 90055100 [Section 2(d) refusal to register VINEDO DE ZORRO for wine in view of the registered mark BAR ZORRO for restaurant and bar services.] Christopher Bauder , Opposition No.

Registration 69

Registration Designs Design Trademark 69

IP Watchdog

FEBRUARY 21, 2022

Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. Bertini also filed a motion in October of last year with the U.S.

Music 126

Music Registration Trademark Litigation 126

Erik K Pelton

AUGUST 11, 2020

” And generally, they will almost always file the extension request on the last day of publication, and if an opposition is filed, it will almost always be on the last day. It extends that publication window to make it longer and leaves open the possibility while the extension is running, that the opposition could still be filed.

Trademark 130

Trademark Editing Publishing Patent 130

The TTABlog

OCTOBER 3, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled ten oral hearings for the month of October 2023. Original Homies LLC , Opposition No. DJI GmbH , Opposition No. 91227510 [Section 2(d) opposition to registration of the mark shown below for “remote control telemetering machines and apparatus ….

Registration 69

Registration Designs Design Business 69

Selvam & Selvam Blog

AUGUST 20, 2023

Ramya S.Moorthy vs. the Registrar of Trade Marks When a trademark application is filed and subsequently accepted by the Trademark Office, it doesn’t mean an immediate registration. This communication is important as it allows the applicant to prepare a counter-statement, essentially their defense or reply to the opposition.

Trademark 52

Trademark Copying Registration Registering Trademarks 52

Patent Trademark Blog

DECEMBER 6, 2022

Normally, a trademark is tied to a particular product or service. You don’t register a trademark in a vacuum without specifying the goods or services under the mark. A house mark is an exception to this general rule in that it identifies the provider of a wide variety of goods or services.

Registration 98

Registration Trademark Blogging IP 98

The TTABlog

JUNE 30, 2023

Yes] TTABlog Test: Are Personal Training Services Related to Clothing For Section 2(d) Purpose? TTAB Finds Supplements Related to CBD Cosmetics, But Not to Candles or Vape Pens TTABlog Test: Is EL BURRO BORRACHO Confusable WIth EL BURRO for Restaurant Services? [No]

Ownership 59

Ownership Registration Designs Design 59

The TTABlog

MAY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (9) oral hearings for the month of June 2023. Opposition No. Opposition No. Opposition No. Opposition No. Opposition No. Airblue Limited , Opposition No. Airblue Limited , Opposition No. Coleman, Jr. Coleman, Jr.

Registration 59

Registration Music Contracts Technology 59

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. misuse of their trademarks when drafting license or distribution agreements with non-U.S. Rothschild is appealing.

Trademark 52

Trademark Registration Branding Brands 52

The TTABlog

APRIL 3, 2023

[Yes] TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out? 11: TTAB Confirms that Once Opposer's Mark is Registered, Priority is No Longer an Issue TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out? Yes] TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out? Precedential No.

Registration 72

Registration Designs Design Trademark 72

Patently-O

NOVEMBER 28, 2023

2023) (non-precedential) The case involves Universal Life Church Monastery’s (ULC Monastery) trademark application for the mark GET ORDAINED covering both online retail store services (Class 35) and ecclesiastical services (Class 45) like ordaining ministers.

Trademark 59

Trademark Patent 59

IPilogue

AUGUST 25, 2021

The following job opportunity was shared with us by the Trademark Opposition Board. Position: Hearing Officer, Trademarks Opposition Board. Experience in trademark prosecution or examination would be considered an asset. Service excellence. Contact: Martin Béliveau, Chairperson, Trademarks Opposition Board.

Trademark 106

Trademark Intellectual Property Government Law 106

JD Supra Law

APRIL 14, 2023

Reversing the Trademark Trial & Appeal Board’s decision to dismiss an opposition, the US Court of Appeals for the Federal Circuit addressed the requirements for a trademark owner to employ “tacking” based on the use of a mark for one service in the context of a trademark application listing multiple services.

Trademark 52

Trademark 52

The TTABlog

JANUARY 2, 2023

36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Updated TTABlog Collection of Section 2(a) False Connection Cases Section 2(c) - consent of living individual Precedential No. 36: TTAB Sustains Section 2(c) Opposition to DANA DESIGN Due to Lack of Consent Section 2(d) - likelihood of confusion: Precedential No.

Designs 72

Designs Design Television Ownership 72

Patent Trademark Blog

FEBRUARY 10, 2022

What can you do if your trademark application is opposed? It can be a bit disheartening to receive an opposition to your trademark application, especially after the USPTO had preliminarily approved your mark. You now need to make some tough decisions on whether or not to defend the trademark opposition.

Registration 52

Registration Trademark Settlement Blogging 52

LexBlog IP

FEBRUARY 15, 2023

Exclusive rights over a trademark in Colombia arise solely from registration. Therefore, the general rule is that a trademark registered or protected under the legislation of a different country may not be used as valid grounds for opposition against a trademark application in Colombia.

Trademark 52

Trademark Registration Contracts Marketing 52

SpicyIP

MAY 3, 2023

Image from here Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. ” Unfortunately, this is not the first time the Indian trademark office has engaged in mass abandonment of applications, only to be reversed by the High Court.

Trademark 102

Trademark Reporting Contracts Registration 102

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. Kenneth Thomas , Opposition No. Kenneth Thomas , Opposition No. Kenneth Thomas , Opposition No. Split Decision Music, LLC , Opposition No. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v.

Contracts 52

Contracts Registration Designs Design 52

LexBlog IP

MAY 11, 2023

IPNews® – The owner of the Toys ‘R’ Us trademark recently filed a trademark opposition against a trademark application for BOOZE ‘R’ US. Although there are no overlapping goods or services, the struggling toy retainer doesn’t like the similarity of the trademarks.

Trademark 52

Trademark Intellectual Property 52

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

Trademark 59

Trademark Registration Branding Brands 59

Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Trademark cancellation actions can be filed by third parties and can prove to be extremely time-consuming, costly, and damaging to the brand. Why Does a Trademark Need to be Used?

Trademark 105

Trademark Registering Trademarks Registration Intellectual Property 105

IPilogue

AUGUST 31, 2022

The global fashion distributer, ZARA is currently engaged in a trademark dispute with Amber Kotrri, the owner of “House of Zana.” In April 2022, ZARA submitted a notice of opposition to Kotrri’s trademark application, claiming that brand names were “conceptually identical” for customers.

Trademark 59

Trademark Branding Brands Branding 59

Erik K Pelton

JULY 22, 2020

When an application gets approval from the US Patent and Trademark Office, the next step is for it to be published in what’s called the Official Gazette, which used to be an actual physical publication, but now it’s just an online publication. And if an opposition is filed, it will almost always be on the last day.

Trademark 100

Trademark Publishing Patent 100

IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.

Trademark 95

Trademark Registering Trademarks Registration IP 95

The TTABlog

APRIL 4, 2022

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) Noorbakhsh and Samir Rajic , Opposition No. Noorbakhsh and Samir Rajic , Opposition No. Spiral Directd Ltd , Opposition No. Spiral Directd Ltd , Opposition No. Opposition No. Bee) has scheduled five (V) oral hearings for the month of April 2022.

Art 72

Art Registration Designs Design 72

LexBlog IP

JANUARY 18, 2023

Suppose that you are a foreign applicant who either files a trademark application, opposition proceeding, or cancellation proceeding with the USPTO. Can this act of filing subject the foreign applicant to service of process or specific or personal jurisdiction in court proceedings in the U.S.? The answer is YES!

Trademark 52

Trademark Registration Designs Design 52

The TTABlog

SEPTEMBER 1, 2022

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) Oppositions Nos. 91253828 and 91264452 [Section 2(d) opposition to registration of the mark shown below, for "nergy drinks containing caffeine; energy drinks not for medical purposes," on the ground of likelihood of confusion with various DUTCH BROS. Denco Horeca Beheer B.V.

Registration 59

Registration Trademark Branding Brands 59

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. What can you do?

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

Patent Trademark Blog

JULY 5, 2022

What is a Notice of Opposition to your trademark application? When your trademark application is approved by the USPTO, it will be published for opposition. The opposition notice sets forth their grounds for blocking the registration of your mark. Read the Notice of Opposition. Aim for An Early Settlement.

Trademark 52

Trademark Settlement Registration Blogging 52