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. In re Richard M. LLC , 90 F.4th See 15 U.S.C. §§ 1052, 1053.

Service Mark 54

Service Mark Registration Trademark Designs 54

The TTABlog

FEBRUARY 16, 2024

The Board affirmed a refusal to register the proposed mark EXPERIMENTAL AND APPLIED SCIENCES for “Dietary and nutritional supplements” on the ground that the mark is used solely as a trade name to identify applicant's business and therefore is not registrable. 2023) and cases cited therein. 15 U.S.C. § In re Univar Corp.,20

Trademark 51

Trademark Designs Design Service Mark 51

The TTABlog

OCTOBER 10, 2023

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. Welch 2023. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

The TTABlog

NOVEMBER 27, 2023

90641690 (November 21, 2023) [precedentia] (Opinion by Judge Jonathan Hudis). 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. 1578, 2023 USPQ2d 677, at *5 (2023) (cleaned up). Welch 2023.

Service Mark 76

Service Mark Registration Artwork Business 76

LexBlog IP

SEPTEMBER 11, 2023

In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. 97115036 (August 28, 2023). Color was not claimed as part of the mark. [1] In re Joseph A.

Trademark 52

Trademark Registration Designs Design 52

Patently-O

JANUARY 26, 2024

2023/2024) In a non-precedential 2023 decision, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) refusing to register “ Everybody vs Racism ” as a trademark for apparel, tote bags, and services promoting racial justice advocacy. In re GO & Associates , 22-1961 (Fed. See, TMEP § 1202.04(b)

Registration 62

Registration Trademark Service Mark Trademark Law 62

The TTABlog

MAY 10, 2023

Applicant argued that the Office's evidence - some 14 third-party uses of the phrase and its variants - was insufficient to show how the mark is perceived by the general public. 90976324 (May 5, 2023) [not precedential] (Opinion by Judge Jonathan Hudis). As we note above, some third-party uses are service mark uses.

Artwork 76

Artwork Service Mark Registration Trademark 76

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The fictitious German inventors want to commercialise their invention, yet do not have sufficient funds to seek patent registration.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

Patently-O

NOVEMBER 17, 2023

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. In order to qualify for federal trademark registration under the Lanham Act, a mark must be able to function as a source identifier. 140 (2023). LLC, 599 U.S.

Trademark 62

Trademark Registration Trademark Law Service Mark 62

The TTABlog

JANUARY 23, 2024

14, 2023, re-designated as precedential, January 22, 2024). 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) 2579 (2023)). Welch 2023. 2022-1961 (Fed. 2022), cert.

Designs 62

Designs Design Registration Service Mark 62

The TTABlog

NOVEMBER 16, 2023

14, 2023) [not precedential]. 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) 2579 (2023)). Welch 2023. In re GO & Associates, LLC , Appeal No. 2022-1961 (Fed.

Registration 70

Registration Service Mark Trademark Trademark Law 70