The TTABlog
MARCH 22, 2024
Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. abandoned the mark through nonuse. 92068213 (March 20, 2024) [not precedential] (Opinion by Judge Peter W. Welch 2024. Cancellation No. Text Copyright John L.
The TTABlog
MARCH 12, 2024
The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied].
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The TTABlog
FEBRUARY 1, 2024
Here are three recent TTAB rulings, each sustaining an opposition based upon non-use of the opposed service mark. For a service mark, the services must be rendered in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. 91277497 (January 18, 2024) [not precedential] (By the Board).
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 finding that the phrase fails to function as a service mark for "legal services." 90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. Welch 2024. In re Richard M. Russell , Serial No.
The TTABlog
JANUARY 17, 2024
Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. 92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. How do you think this came out?
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. Welch 2024. In re Hi-Tech Pharmaceuticals, Inc. 15 U.S.C. §
The TTABlog
FEBRUARY 7, 2024
The Board dismissed an opposition to registration of SPLIT DECISION for "Entertainment services in the nature of live visual and audio performances, namely, musical rock band," finding that Opposer Billy Stott failed to carry his burden to prove that Applicant Split Decision Music, LLC was not the owner of the mark.
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