The TTABlog

NOVEMBER 27, 2023

Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. A threshold question in evaluating the registrability of a trademark or service mark is whether the proposed mark meets the source indication requirement.

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LexBlog IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

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Intellectual Property Law Intellectual Property Service Mark Invention 40

The TTABlog

MARCH 8, 2022

88304005 and 88584338 (February 24, 2022) [not precedential] (Opinion by Judge Michael B. The Trade Mark [sic] Act is not an act to register words but to register trademarks. Before there can be registrability, there must be a trademark (or a service mark) and, unless words have been so used, they cannot qualify for registration."

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Trademark Registration Service Mark Registering Trademarks 94

The TTABlog

MARCH 27, 2024

The Board affirmed a refusal to register the proposed mark WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! finding that the phrase fails to function as a service mark for "legal services." 4th 1348, 2022 USPQ2d 115, at *3 (Fed. In re Richard M. In In re Vox Populi Registry Ltd. ,

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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.

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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. 14, 2023, re-designated as precedential, January 22, 2024).

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Designs Design Registration Service Mark 62

The TTABlog

NOVEMBER 16, 2023

RACISM for tote bags and various clothing items, and for the services of "promoting public interest and awareness of the need for racial reconciliation and encouraging people to know their neighbor and then affect change in their own sphere of influence," finding that the phrase fails to function as a source indicator. 2022-1961 (Fed.

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Registration Service Mark Trademark Trademark Law 70

The TTABlog

AUGUST 18, 2022

Respondent TMRR created and promoted the mark but it did not use the mark in rendering mortgage services, nor was it permitted to do so by the agreement between the parties. 92076723 (August 15, 2022) [precedential] (Opinion by Judge Michael B. Welch 2022. CBC Mortgage Agency v. TMRR, LLC , Cancellation No.

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The TTABlog

SEPTEMBER 23, 2022

Harwood International Incorporated , 2022 USPQ2d 862 (TTAB 2022) [precedential] (Opinion by Judge David K. TMEP Section 903.06 (2022). Several press releases were issued at that time, but they did not constitute service mark use. And so it found that JNF had failed to prove prior service mark use.

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Service Mark Registration Advertising Advertising 52

IP Intelligence

FEBRUARY 8, 2022

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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LexBlog IP

FEBRUARY 8, 2022

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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Service Mark Registration Designs Design 52

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Thus, in April 2022, deciding on a case brought by a U.S. Is anything here on the list? SURPRISE!”,

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IP Branding Brands Branding 132

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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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

The TTABlog

DECEMBER 20, 2022

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.

Service Mark 62

Service Mark Advertising Advertising Licensing 62

The TTABlog

JULY 15, 2022

Concluding that the phrase THIS IS FOR MY GIRLS appears on the specimens of record solely as a song title, the Board affirmed a refusal to register the proposed mark for "entertainment information; musical composition for others; production of musical sound recording." 87399929 (July 13, 2022) [not precedential] (Opinion by Judge Marc A.

Music 52

Music Licensing Branding Brands 52

The TTABlog

AUGUST 29, 2022

88308426, 88308434, 88308451, and 88310900 (August 22, 2022) [precedential] (Opinion by Judge Mark Lebow). Section 3 states that service marks are registrable "in the same manner and with the same effect as trademarks." Welch 2022. In re Erik Brunetti , Serial Nos. Read comments and post your comment here.

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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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Trademark Registration Trademark Law Service Mark 63

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. Boston Carriage, Inc. Boston Suburban Coach, Inc., Boston Suburban is a competitor.

False Advertising 83

False Advertising Advertising Advertising Copying 83

The TTABlog

NOVEMBER 10, 2022

91256127 (October 25, 2022) [not precedential] (Opinion by Judge Michael B. The Board found that "the evidence all points in one direction: Cowboy Jack bequeathed his music businesses, including Opposer (which owns the involved mark) to Alison and Niles. Welch 2022. Robert Clement , Opposition No. Text Copyright John L.

Ownership 52

Ownership Music Service Mark Business 52

The IPKat

JULY 4, 2021

Thus, the changes described below are expected to enter into force in a few weeks, except (iii), which will enter into force in spring 2022. Trade marks The EUIPO Observatory launched an awareness campaign entitled “Risks and Damages Posed by IPR Infringement in Europe”. Kluwer Patent Blog reported on the changes.

Blogging 85

Blogging IP Designs Design 85

43(B)log

JANUARY 6, 2022

4 th , 2022 WL 39839, No. 5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy. Vitamin Energy, LLC v.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

LexBlog IP

DECEMBER 19, 2023

” 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. As Ebeneezer Scrooge put it after being visited by the three ghosts: “I will honour Christmas in my heart, and try to keep it all the year.”

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

Technology & Marketing Law Blog

MARCH 5, 2024

However, it does sell, manufacture, and print the same type of goods that are directly covered by Canvasfish’s registered service mark… Canvasfish has a registered mark for an online store that sells prints, boat wraps, phone cases, drinkware and various other products bearing DeYoung’s artwork and registered mark.

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Artwork Trademark Publishing Marketing 98

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

The TTABlog

DECEMBER 31, 2021

34: TTAB Affirms Nonuse Refusal - Service Mark Use Requires Rendering of the Services, Not Just Preparation TTAB Affirms Refusal of "MADE FOR MORE" for Employee Recruitment: Not Rendered for the Benefit of Others Precedential No. Lack of Bona Fide Intent: Precedential No.

Cinema 67

Cinema Registration Trademark Reporting 67

LexBlog IP

SEPTEMBER 29, 2022

The TMEP lists ‘a series of tones or musical notes’ and ‘wording accompanied by music’ as two examples of potentially registrable forms of sound marks. 3618321), and “[t]he NBC chimes sequence [, which] actually became the first ‘purely audible’ service mark to register with the USPTO in 1950.”

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Trademark Registration Music Intellectual Property 52

LexBlog IP

JANUARY 11, 2022

You can, so long as you are offering goods and/or services under that trademark. For example, if you complete your online store offering downloadable software on January 1, 2022, you may affix the “TM” ( ) symbol the same day. The “SM” (℠) symbol stands for service mark.

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