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Precedential No. 34: TTAB Affirms Nonuse Refusal - Service Mark Use Requires Rendering of the Services, Not Just Preparation

The TTABlog

In an application based on use in commerce under Section 1(a) of the Lanham Act, the applicant must use the mark in commerce on or in connection with all the goods and services listed in the application as of the application filing date. What is the first use date for the restaurant's services? Text Copyright John L.

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TTAB Denies Bertini's Petition for Cancellation of APPLE Registration Due to Failure of Proof of Abandonment

The TTABlog

Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. abandoned the mark through nonuse. Text Copyright John L. However, Bertini failed to make a prima facie case of nonuse, and so the Board denied the petition. Cancellation No.

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

The TTABlog

Abundance had a license from Mrs. Patricia Dampier to use the mark MRS. COLORADO for its beauty pageant, but that license was terminated in 2015. Respondent was permitted to use the mark until December 2017. In March 2018, Abundance filed its Section 1(a) application to register the mark, claiming use since 2008.

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Three Recent TTAB Oppositions Sustained on the Ground of Non-use

The TTABlog

Here are three recent TTAB rulings, each sustaining an opposition based upon non-use of the opposed service mark. For a service mark, the services must be rendered in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. "The Don't try to register a use-less mark? Welch 2024.

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"WHEN THERE ARE NINE" Fails to Function as a Source Indicator for Scholarship Services, Says TTAB

The TTABlog

The Board affirmed a failure-to-function refusal to register WHEN THERE ARE NINE , in standard character form, as a service mark for "providing educational scholarships." In an interview in 2015, Justice Ginsberg was asked "when will there be enough women on the Court," and she replied "When there are nine."]. Welch 2023.

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Beyond the Big Screen: The Legal Odyssey of Film Titles in India

IP and Legal Filings

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. regarding the copyright for the film “De Dhakka.”

Cinema 77
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Eurasia and IP

Biswajit Sarkar Copyright Blog

It was created in 2015. Introduction The Eurasian Economic Union is an economic union of states located in Central and Northern Asia and Eastern Europe.