article thumbnail

Africa IP highlights 2023: Trade marks

The IPKat

Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. In Kenya, the Registrar of trademarks resolved the " Tinderet Case ," a dispute over the registration of the trademark "TINDERET TEA FARM." Katpost on the decision here.

IP 83
article thumbnail

"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

The TTABlog

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design?

The TTABlog

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
article thumbnail

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for cancellation of that registration on the ground of likelihood of confusion. 91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. In any case, UNIP's evidence showed that the assignor continued to use the mark prior to the assignment.

Law 70
article thumbnail

In a Unanimous Decision, TTAB Dismisses SPLIT DECISION Opposition: Billy Stott Failed to Prove Ownership of the Band Name

The TTABlog

The Board dismissed an opposition to registration of SPLIT DECISION for "Entertainment services in the nature of live visual and audio performances, namely, musical rock band," finding that Opposer Billy Stott failed to carry his burden to prove that Applicant Split Decision Music, LLC was not the owner of the mark.

article thumbnail

"EL CABO" Character Name in TV Show Fails to Function as a Source Indicator for Entertainment Services

The TTABlog

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.,

article thumbnail

Precedential No. 29: After an Exhausting 2(d) Analysis, TTAB Finds HME (Stylized) Confusable with KME for Building Products

The TTABlog

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.,