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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. PayNearMe, Inc. Substring, LLC , Opposition No.

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Hark! The Herald Trademarks Sing: A Holiday Trademark Extravaganza

LexBlog IP

CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

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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. Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights. Game Plan, Inc.

Law 70
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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. Lal Babu Priyadarshi [9]. 1] Acharya, M.