The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Section 14(3) cases are as rare as a White Sox fan in Boston. 2021 U.S.P.Q.2d

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Registration Marketing Marketing Branding 98

The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Actually, registrations are cancelled, not marks - ed. Davidson v.

Registration 73

Registration Trademark Service Mark Marketing 73

The TTABlog

JANUARY 8, 2024

The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Respondent Davidson was entitled to rely on the April 2, 2014, filing date of his underlying application as his date of constructive first use.

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Registration Trademark Social Media Designs 73

The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Comptime, Inc. Welch 2023.

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The TTABlog

SEPTEMBER 8, 2022

The Board granted a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Respondent Davidson was entitled to rely on the April 2, 2014 filing date of his underlying application as his date of constructive first use.

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Registration Trademark Social Media Copying 95

Plagiarism Today

APRIL 7, 2022

It’s a confusing question with no easy answer, but it’s an issue that puts the copyright registration of every website at risk. However, in 2014 CCN began working with Amazon and Amazon was dissatisfied with the quality of descriptions that CCA created for themselves. The Registration Wrinkle.

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Publishing Registration Social Media Copyright 252

The IPKat

FEBRUARY 17, 2022

In this case, the UK IPO rejected a revocation action on the ground that the proprietor had put its registration to genuine use [decision here , No. sought EU protection for the trade mark shown below (the “ Masters Logo ”) for “ Gin, namely London Dry Gin ” in Class 33 under its International Registration.

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Registration Public Domain Marketing Marketing 52

The IPKat

OCTOBER 16, 2022

This registration had a tumultuous road on route to registration: historical disputes, conflicts with trade marks, a legal reform and two separate GI applications. The application for registration of “Couteau Laguiole” asserts that the Laguiole cutlery industry was revived by bringing cutlers from Thiers.

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Registration Art Branding Brands 117

The TTABlog

JULY 16, 2021

Respondent's rope-a-dope defense proved to be successful in this cancellation proceeding aimed at a registration for the mark ONEPACKET (standard form) for computer-related services. What if the registrant has no intent one way or the other? Then registrant wins. - Emphasis supplied.].

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Registration Copyright Notice Service Mark Copying 57

The IPKat

JANUARY 27, 2022

Even a mark that has been on the International Registry for 40 years does not assure registration of a subsequent national designation. The international registration of the given trademark is valid as of 1980; the Lithuanian designation was made in early 2014. The trademark depicts the shape of the Chanel No. 5 perfume bottle.

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Trademark Registration Marketing Marketing 138

LexBlog IP

JANUARY 11, 2023

The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission. Registration of a mask work with the Copyright Office provides certain legal benefits, including the ability to bring a lawsuit for infringement of the mask work. Registration of a Mask Work.

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Registration Designs Design Copying 40

The TTABlog

AUGUST 3, 2022

Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third. Petitioner claimed a first used date in 2008. Otto Roth , 640 F.2d

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Law Registration Designs Design 52

The TTABlog

JANUARY 3, 2023

In the latest round of this 25-year-old saga, the Board granted a petition for cancellation of two registrations for the mark COHIBA (one mark in standard form, the other slightly stylized) for "cigars," on the ground of violation of Article 8 of the Pan American Convention. 1067(a) [Section 17(a) of the Lanham Act]."

Registration 52

Registration Law Litigation Contracts 52

Patently-O

OCTOBER 3, 2021

Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration. The TTAB gave little weight to the fact that the agency has issued registration certificates on many different shoe designs. Lee , 1:13-CV-1464 AJT/JFA, 2014 WL 5500799, at *1 (E.D.

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Trademark Registration Advertising Advertising 131

Velocity of Content

APRIL 26, 2023

Copyright Office data provide a glimpse into the historical rates of registration, which is itself a window into how often women creators seek intellectual property law protections. A later study found that the numbers of women authors in registration records continued to increase, showing that women represented 38.5%

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Intellectual Property Registration Intellectual Property Law Marketing 98

The TTABlog

JUNE 14, 2021

Claiming common law rights in the mark TRAVELSMART for mobile apps related to travel, Petitioner AWP sought cancellation of a registration for the mark CHUBB TRAVEL SMART for similar mobile apps. 4 (2014)). 1064, and if petitioner has a reasonable belief in damage proximately caused by the continued registration of the mark.

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Registration Ownership Advertising Advertising 52

JD Supra Law

DECEMBER 20, 2022

Elizabeth Chan, a singer and songwriter who exclusively writes and sings holiday music, filed an opposition to block Carey’s registration in August 2022. Chan herself had been dubbed the “Queen of Christmas” by the media in 2014 and has embraced and used the title ever since, including publishing a. By: WilmerHale

Trademark 52

Trademark Music Registration Publishing 52

The TTABlog

JULY 28, 2021

The United States District Court for the Eastern District of Virginia (Judge Liam O'Grady) affirmed the TTAB's decision of January 20, 2020 [ TTABlogged here ], dismissing a petition for cancellation of a registration of the mark SHUSTOV & Design (shown below) for various alcoholic beverages. Swatch AG v. Beehive Wholesale , 739 F.3d

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The IPKat

JANUARY 30, 2023

As that dishonest scheme is incompatible with honest practices and does not show that the applicant had the intention of engaging fairly in competition, the Board of Appeal was right in finding that it was acting in bad faith when it filed the applications for registration of the contested marks […].”

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Registration Licensing Art Law 135

LexBlog IP

SEPTEMBER 28, 2023

The registrations would seem to be incontestable (having been registered in 2014). Yes, the Plaintiff has to allege distinctiveness for both its registered and unregistered claims, but it would seem to have adequately pled secondary meaning for both causes by alleging ownership of incontestable registrations.

Ownership 52

Ownership Registration Intellectual Property Trademark 52

The TTABlog

MARCH 25, 2024

Examining Attorney Lakeisha Lewis submitted some 30 website references each showing bakery goods and pizza sold under the same mark, along with some 50 registrations covering both type of products. 2014), [H]ere, the evidence in this case shows that Registrant’s bakery goods and Applicant’s pizza goods are closely related.

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Registration Business Copyright 62

IP and Legal Filings

AUGUST 4, 2021

Innovative Cosmetic Concept filed for international registration of the word INCOCO and designated European Union for the registration in January 2014. The applicant Chanel opposed this mark in October 2014 and relied on its own earlier mark (French) nos. 1 438 544 and 1 571 046.

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Registration Advertising Advertising Trademark 98

IP and Legal Filings

AUGUST 11, 2023

2] This new set of marks is often referred to as non-traditional trademarks , and the qualification for their registration, as opposed to a traditional mark, is substantially higher. [3] I do this by demonstrating the statutory criteria for trademark registration and then applying the set criteria to check the registrability of braille.

Trademark 81

Trademark Registration Intellectual Property Intellectual Property Law 81

Erik K Pelton

DECEMBER 20, 2022

And the number of active trademark registrations in the USPTO database is larger than ever. Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use.

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

The IPKat

FEBRUARY 23, 2024

The trade mark was registered on 29 April 2014 with no. On 2 February 2011, the company Heuver Banden Groothandel BV (the company) applied for registration of the Benelux word trade mark “ATHLETE” for Class 12. 009224692 (the contested trade mark). 207/2009. The applicant appealed.

Registration 67

Registration Law Patent 67

The TTABlog

SEPTEMBER 23, 2022

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. Registrant Harwood International enjoyed a constructive first use date of October 6, 2014, the filing date of its underlying application. TMEP Section 903.06 (2022).

Service Mark 52

Service Mark Registration Advertising Advertising 52

Erik K Pelton

DECEMBER 31, 2021

An expungement proceeding allows for cancellation, in whole or in part, of a trademark registration between three and ten years old if the mark has never been used in commerce with some or all of the registered goods and/or services. 2014: [link]. For the latest developments o­n trademark scammers, check, Is This a Trademark Scam?®.

Editing 147

Editing Non-Fungible Tokens Trademark All Rights Reserved 147

The IPKat

NOVEMBER 1, 2023

Registration was sought for 'transportation; passenger transport; packaging of goods; storage of goods; organization of trips' in class 39: The examiner objected to the application and argued that it lacked distinctiveness ( Art. R87/2014-5 at para. The sound is memorable, which is supported by the registration of EU trade marks nos.

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Registration Television Art Law 70

The IPKat

DECEMBER 21, 2023

Those machines have been imported into the UK for distribution and sale since June 2013, and marketed using the acronym ICE and the following logo: Both the Claimant and the First Defendant have trade mark registrations in the United Kingdom.

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Registration Intellectual Property Designs Design 67

Patently-O

APRIL 14, 2022

Brew Shop , but the question before the Supreme Court focuses on Brewery’s opposition to Brew Shop’s multi-class trademark registration application. Brewery challenged registration in both classes (and lost). 118 (2014), and, for many litigants, forecloses appellate review of adverse TTAB decisions. Petition ].

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Trademark Registration Marketing Marketing 127

The TTABlog

FEBRUARY 1, 2024

Opposition to registration of PAYFORME for various financial transaction services. Cohen) [Opposition to registration of THE CAVALIER RESCUE for "Animal rescue services, namely, arranging for the adoption of rescued animals." PayNearMe, Inc. Substring, LLC , Opposition No. 91277497 (January 18, 2024) [not precedential] (By the Board).

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Service Mark Registration Technology Designs 62

The IPKat

MAY 16, 2023

Hungkay and Targa agreed that the transfer shall take effect as from 7 October 2014. By agreement of 28 November 2016, the initial designer of the utility model (being an employee of Hungkay) transferred all IP rights relating to the utility model to Hungkay, also with retroactive effect as from 7 October 2014.

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Designs Design Art Registration 91

The IPKat

MARCH 8, 2023

In such a situation, the owner may not invalidate the later mark or take action against its use in respect of the goods or services for which the later trade mark has been used, unless registration of the later mark was applied for in bad faith (Art. The complaint had some formal errors, which the plaintiff rectified on 21 May 2014.

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The TTABlog

MAY 5, 2022

In what appears to be a case of first impression, the Ninth Circuit ruled (perhaps unsurprisingly) that under the Madrid Protocol, a foreign applicant who obtains a registration without showing actual use in the United States has a right of priority, as of the relevant constructive use date, over another who first used the mark in the United States.

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The TTABlog

APRIL 2, 2024

The Board dismissed this opposition to registration of a mark comprising the product configuration of boxes for storing board game components or dice, rejecting Opposer Chris Taylor's claims of de jure functionality and lack of acquired distinctiveness. Accordingly, Three Frog sought registration under Section 2(f).

Designs 57

Designs Design Social Media Registration 57

LexBlog IP

JULY 28, 2023

Citizens, a credit union based in Peoria, Illinois, obtained a federal trademark registration in May 2011 2011 for the mark CEFCU. In January 2011, SDCCU filed a trademark application for the tagline IT’S NOT BIG BANKING, IT’S BETTER and obtained a federal registration for the mark in April 2014. NOT A BANK.

Trademark 52

Trademark Registration Law Patent Law 52

Copyright Lately

NOVEMBER 8, 2022

The copyright in the Fritz Lang motion picture first lapsed in 1953 after its owner didn’t renew the initial copyright registration. notice, registration and renewal) formerly imposed under U.S. notice, registration and renewal) formerly imposed under U.S. public domain for failure to comply with the various formalities (e.g.,

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145