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Lotus-Shaped Acupressure Mat Product Design Lacks Acquired Distinctiveness and Fails to Function as a Service Mark

The TTABlog

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

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

The TTABlog

91237315 (February 17, 2022) [not precedential] (Opinion by Judge Christen M. become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Welch 2022. American Marriage Ministries v.

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SUCKS’ Luck Sucks: Federal Circuit Affirms Refusal to Register.SUCKS for Failure to Function

IP Intelligence

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , The Federal Circuit found that substantial evidence supported the Board’s finding that consumers will perceive.SUCKS only as a non-source identifying part of a domain name and not as a service mark.

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SUCKS’ Luck Sucks: Federal Circuit Affirms Refusal to Register.SUCKS for Failure to Function

LexBlog IP

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , The Federal Circuit found that substantial evidence supported the Board’s finding that consumers will perceive.SUCKS only as a non-source identifying part of a domain name and not as a service mark.

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TTAB Affirms Mere Descriptiveness Refusal of HUMAN DATA MARKETPLACE for Online Sale of Data Assets

The TTABlog

The pro se applicant argued, without success, that the proposed mark is suggestive rather than merely descriptive because "HUMAN could refer to any number of ambiguous interpretations about the mark, especially if HUMAN is used as a noun." 88526515 (December 15, 2022) [not precedential] (Opinion by Judge Michael B. Welch 2022.

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Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Technology & Marketing Law Blog

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Cite to Ohio State v. True, Pixels does not operate a DeYoung online retail store, nor does it offer original paintings.

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