The TTABlog

MAY 29, 2024

"Where the evidence suggests that the ordinary consumer would take the words at their ordinary meaning rather than read into them some special meaning distinguishing the goods and services from similar goods and services of others, then the words fail to function as a mark." Wal-Mart Stores , 2019 WL 193990, at *12.

Service Mark 116

Service Mark Branding Brands Branding 116

The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Since both parties rely on issued registrations, priority was an issue in this proceeding. Cancellation No.

Designs 67

Designs Design Registration Service Mark 67

The TTABlog

FEBRUARY 22, 2022

129 USPQ2d 1148, 1149-50 (TTAB 2019)." Its intent that the phrase function as a service mark is irrelevant. The Board concluded that "get ordained" fails to function as a service mark for applicant's services, and so it sustained the opposition. Would you have applied for registration? Welch 2022.

Service Mark 76

Service Mark Advertising Advertising Registration 76

The TTABlog

DECEMBER 18, 2023

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

Law Registration Service Mark Litigation 70

The TTABlog

AUGUST 26, 2022

The Board observed that “a proposed trademark is registrable only if it functions as an identifier of the source of the applicant’s goods or services.” In re DePorter , 129 USPQ2d 1298, 1299 (TTAB 2019) (citing 15 U.S.C. §§ 1051, 1052, and 1127). In re Caracol Televisión S.A. Serial Nos. Velcro, Inc. Charles Mayer Studios, Inc.,

Television 62

Television Designs Design Service Mark 62

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

LexBlog IP

SEPTEMBER 29, 2022

Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). 1 v OHIM , C‑329/02 P, EU:C:2004:532, paragraph 23). ” Ardagh at par.

Trademark 52

Trademark Registration Music Intellectual Property 52