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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 contended that the nonuse occurred "during a period of at least three years and six months after the date of the SOU, namely during November 11, 2011 - May 31, 2015." A trademark registration is presumed valid, and so a party seeking cancellation bears the initial burden of establishing a prima facie case of abandonment.

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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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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. The same explanation was given in “ Krishika Lulla and Ors. Ashutosh Gowarikar and Ors.” [7]

Cinema 80
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Eurasia and IP

Biswajit Sarkar Copyright Blog

It was created in 2015. Trademarks Independent applications must be filed in each country. It is the conventional way to file a trademark. There is no unified office for EAEU trademarks. It is the unified register of EAEU trademarks. The procedure for registration is simpler, faster and cheaper.

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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.