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"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

The TTABlog

96 USPQ2d 1227, 1229 (TTAB 2010); see also In re Wal-Mart Stores, Inc. , 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. Would you have applied for registration?

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Precedential No. 26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use

The TTABlog

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. 96 USPQ2d 1031, 1036 (TTAB 2010). Elder Mfg.

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Precedential No. 33: TTAB Reverses Failure-to-Function Refusal of "FOLLOW THE LEADER" for Credit Card and Travel Services

The TTABlog

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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Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

LexBlog IP

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. The Ardagh analysis echoes the analysis found in American courts and registration controversies, such as in the case of Ride The Ducks, LLC v.