article thumbnail

Finding MRS. COLORADO Use-less, TTAB Grants Petition for Cancellation

The TTABlog

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied].

article thumbnail

Precedential No. 22: TTAB Grants Petition to Cancel CHENOA FUND Registration for Mortgage Services Due to Non-Ownership

The TTABlog

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. TMRR created the mark CHENOA FUND and the logo. 3d 1023, 123 USPQ2d 1024, 1028 (Fed.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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

The TTABlog

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. Its intent that the phrase function as a service mark is irrelevant. In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013).

article thumbnail

TTAB Dismisses Opposition: Applicant Proved Priority Through Assignment of Common Law Mark After Proceeding Commenced

The TTABlog

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for cancellation of that registration on the ground of likelihood of confusion. 91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. Game Plan, Inc. The sole issue for the Board was priority, and UNIP came in first. Game Plan, Inc.

Law 70
article thumbnail

Get 2 Go Sued for Alleged Trademark Infringement of getGo®

Indiana Intellectual Property Law

Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”). Registration No. Service Mark Registrations, Nos. 92077459.

article thumbnail

The Third Circuit Limits Preclusive Effect of the TTAB Rulings

LexBlog IP

In 1997, Beasley obtained a New Jersey state service mark for THE EBONYS. Patent & Trademark Office (“PTO”) (THE EBONYS, Registration No. 4,170,469 [the “’469 mark”]). In 2019, Beasley filed a lawsuit in federal court to cancel the ‘469 mark and for damages.