"A S LIVE FOREVER" Fails-to-Function as a Service Mark for Online Retail Store Services, Says TTAB
The TTABlog
MAY 29, 2024
Applicant feebly asserted that the evidence showed use of A S LIVE FOREVER "in an ornamental fashion, but that was the Examining Attorney's point: the phrase "would be perceived as a common message whether described as a parody, meme or lament; it does not indicate the source of Applicant’s services. Eagle Crest , 2010 WL 3441109, at *3."
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