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New UKIPO Address for Service Marks

JD Supra Law

We would like to bring to your attention that there are new “address for service” rules coming into effect on 1 January 2024 at the UK Intellectual Property Office (UKIPO) which may have an impact on your trade mark portfolio. By: Morrison & Foerster LLP

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Three Recent TTAB Oppositions Sustained on the Ground of Non-use

The TTABlog

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in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. 91277497 (January 18, 2024) [not precedential] (By the Board).

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Finding MRS. COLORADO Use-less, TTAB Grants Petition for Cancellation

The TTABlog

92071814 (March 8, 2024) [not precedential] (Opinion by Judge Melanye K. Abundance had a license from Mrs. Patricia Dampier to use the mark MRS. COLORADO for its beauty pageant, but that license was terminated in 2015. Mere publicity about services to be rendered in the future does not lay a foundation for an application.

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WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! Fails to Function as a Source Indicator for. Guess What?

The TTABlog

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 finding that the phrase fails to function as a service mark for "legal services." 90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. Welch 2024.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.

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TTAB Denies Bertini's Petition for Cancellation of APPLE Registration Due to Failure of Proof of Abandonment

The TTABlog

92068213 (March 20, 2024) [not precedential] (Opinion by Judge Peter W. The Board pointed out that "[t]he addition of a generic or highly descriptive term does not necessarily detract from the separate commercial impression created by the mark APPLE alone." Welch 2024. Charles Bertini v. Cancellation No. Text Copyright John L.

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Trade Name Use is not Trademark Use, Says TTAB

The TTABlog

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. 88291540 (February 14, 2024) [not precedential] (Opinion by Judge Martha B.

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In a Unanimous Decision, TTAB Dismisses SPLIT DECISION Opposition: Billy Stott Failed to Prove Ownership of the Band Name

The TTABlog

91249613 (January 31, 2024) [Not precedential] (Opinion by Judge David K. As plaintiff in this proceeding, Opposer Stott had the burden to prove prior ownership of the subject mark by a preponderance of the evidence. The group owns the service mark. Welch 2024. Billy Stott v. Text Copyright John L.