The TTABlog

JANUARY 23, 2024

2022-1961 (Fed. The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022), cert. At the request of the USPTO under Fed. The TMEP is not the law - ed. ]. 4th 1328, 1331 (Fed.

Designs 62

Designs Design Registration Service Mark 62

The TTABlog

NOVEMBER 16, 2023

2022-1961 (Fed. The CAFC observed that "[i]f the nature of a proposed mark would not be perceived by consumers as identifying the source of a good or service, it is not registrable," citing TMEP § 1202.04(b) 2022), cert. In re GO & Associates, LLC , Appeal No. 14, 2023) [not precedential]. 4th 1328, 1331 (Fed.

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Registration Service Mark Trademark Trademark Law 70

The TTABlog

NOVEMBER 14, 2022

In re Pound Law, LLC , 2022 USPQ2d 1062 (TTAB 2022) [precedential] (Opinion by Judge Cynthia C. The Board observed that, as made clear by the Trademark Act, the USPTO "is statutorily constrained to register matter on the Principal Register if and only if it functions as a mark." In re Brunetti , 2022 USPQ3d 764, at *9.

Law 52

Law Service Mark Registration Trademark 52

IP Intelligence

FEBRUARY 8, 2022

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , The examining attorney and the Board refused registration of both versions for failure to function as a mark. an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS.

Service Mark 52

Service Mark Registration Designs Design 52

LexBlog IP

FEBRUARY 8, 2022

2, 2022, the Federal Circuit decided In re Vox Populi Registry Ltd. , The examining attorney and the Board refused registration of both versions for failure to function as a mark. an appeal from the Trademark Trial and Appeal Board’s (Board) affirmance of the refusal to register a stylized version of the term.SUCKS.

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Service Mark Registration Designs Design 52

LexBlog IP

DECEMBER 19, 2023

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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Trademark Registration Registering Trademarks Service Mark 52

The TTABlog

AUGUST 29, 2022

88308426, 88308434, 88308451, and 88310900 (August 22, 2022) [precedential] (Opinion by Judge Mark Lebow). Sections 1 and 2 provide for registration of "trademark[s] by which goods of the applicant may be distinguished from the goods of others." are not registrable." Welch 2022. In re Erik Brunetti , Serial Nos.

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The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. TMEP Section 903.06 (2022). Emphasis by the Board).

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Service Mark Registration Advertising Advertising 52

IP and Legal Filings

FEBRUARY 2, 2024

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]. 2022, February 28). 1] Acharya, M.

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Trademark Law Trademark Law Service Mark 87

43(B)log

OCTOBER 11, 2022

1:21-cv-10688-IT, 2022 WL 4626918 (D. 30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. The actionable alleged misrepresentation is that defendant performed the relevant services.

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False Advertising Advertising Advertising Copying 83

The TTABlog

AUGUST 26, 2022

The Board found that Applicant's specimen of use "does not reflect that consumers of Applicant's services will perceive [either mark] as trademarks indicating. television entertainment services." 87916944 and 879169481 (August 24, 2022) [not precedential] (Opinion by Judge Peter W. Welch 2022. Serial Nos.

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Television Designs Design Service Mark 62

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. The Ardagh analysis echoes the analysis found in American courts and registration controversies, such as in the case of Ride The Ducks, LLC v.

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Trademark Registration Music Intellectual Property 52

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? [Yes] Precedential No. Lack of Bona Fide Intent: Precedential No.

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LexBlog IP

JANUARY 11, 2022

You may use the circled “R” (®) only after successfully trademark registration. However, you may use “TM” ( ) and “SM” (℠) even if you did not file for registration. Below, I break down in greater detail what these marks mean. In fact, you do not need to use it, but it is wise idea.

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Trademark Registering Trademarks Registration Copying 52

The TTABlog

APRIL 22, 2022

The Board ruled that the proposed mark "would be perceived by consumers as a widely used social and political message and therefore merely informational in nature, as opposed to a source indicator of Applicant's goods and services." 88944728 (April 20, 2022) [not precedential] (Opinion by Judge Cheryl S. Welch 2022.

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Social Media Service Mark Trademark Registration 52

Patently-O

APRIL 20, 2022

The USPTO refused to register Glascoe’s mark SCIENTIFIC STUDY OF GOD for use as a service mark when “analyzing the process of creating a human being, the earth, the universe and its environment.” ” I know what you are thinking–deceptively misdescriptive.

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Service Mark Branding Brands Branding 122

Patently-O

NOVEMBER 17, 2023

In In re GO & Associates, LLC , 2022-1961 (Fed. 13, 2023) , the Federal Circuit affirmed the TTAB’s refusal to register the mark EVERYBODY VS RACISM because it failed to function as a trademark. Isaacs , 2022-1434 (Fed. In Trek Bicycle Corp. The Trademark Manual of Examining Procedure (TMEP) § 1202.04

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