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. A consumer is likely to buy the goods or services that prominently display the phrase because of the message conveyed.
The TTABlog
FEBRUARY 22, 2022
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. In re Eagle Crest Inc. ,
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The TTABlog
SEPTEMBER 23, 2022
Its evidence regarding its first rendering of services under the mark was "characterized by contradictions, inconsistencies, and indefiniteness." Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." 96 USPQ2d 1031, 1036 (TTAB 2010).
LexBlog IP
SEPTEMBER 29, 2022
(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). The object then is to hear out all sides, and offer some thoughts on the recent clamor around acoustic marks and the questions that they present.
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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