JD Supra Law

JUNE 22, 2023

In a twin set of precedential opinions, the Trademark Trial & Appeal Board laid the foundation for determining whether building designs can be trademark protected as service marks. 88412764; 88437801 (TTAB May 25, 2023) (Shaw, Goodman, Hudis, ATJs); In re Seminole Tribe of Florida, Ser.

Trademark 61

Trademark Service Mark Designs Design 61

The TTABlog

FEBRUARY 16, 2024

A “trade name” is defined in Section 45 of the Trademark Act as “any name used by a person to identify his or her business or vocation.” A designation used merely as a trade name cannot be registered under the provisions of the Trademark Act." A designation may function as both a trade name and a trademark.

Trademark 51

Trademark Designs Design Service Mark 51

JD Supra Law

JULY 5, 2023

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found “the one,” it is important to lock it down.

Service Mark 52

Service Mark Marketing Marketing Designs 52

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 6587218).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

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 1354, 2023 USPQ2d 1337 (Fed. And so, the Board affirmed the refusal under Sections 1, 2, 3 and 45 of the Trademark Act.

Service Mark 54

Service Mark Registration Trademark Designs 54

The TTABlog

DECEMBER 18, 2023

91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. While this fact saved Game Plan's Opposition from dismissal for failure to prosecute under Trademark Rule 2.132, it leaves Game Plan with no other evidence to support [its] claims." Welch 2023. Game Plan, Inc. Game Plan, Inc. UNIP even retained Ms.

Law 70

Law Registration Service Mark Litigation 70

The TTABlog

OCTOBER 10, 2023

And the parties’ market interface weighed slightly in favor of opposer "to the extent the parties acknowledged a need for Applicant to choose a non-confusingly similar mark." 2023 USPQ2d 1136 (TTAB 2023) [precedential] (Opinion by Judge Cindy B Greenbaum). Welch 2023. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70