article thumbnail

Trade Name Use is not Trademark Use, Says TTAB

The TTABlog

88291540 (February 14, 2024) [not precedential] (Opinion by Judge Martha B. A “trade name” is defined in Section 45 of the Trademark Act as “any name used by a person to identify his or her business or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."

article thumbnail

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92071814 (March 8, 2024) [not precedential] (Opinion by Judge Melanye K. Abundance had a license from Mrs.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. Rendering services requires actual provision of services.” Welch 2024. Emphasis supplied].

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

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 finding that the phrase fails to function as a service mark for "legal services." 90432695 (March 25, 2024) [not precedential] (Opinion by Judge Cynthia C. Welch 2024.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

article thumbnail

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92068213 (March 20, 2024) [not precedential] (Opinion by Judge Peter W. A trademark registration is presumed valid, and so a party seeking cancellation bears the initial burden of establishing a prima facie case of abandonment. and websites that do not display the APPLE mark. Welch 2024. Charles Bertini v.

article thumbnail

Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Technology & Marketing Law Blog

The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. The plaintiff claims that Pixels’ users upload infringing images and refer to them by the trademark DeYoung. Trademark Infringement. Trademark Counterfeiting. eBay and Multi-Time Machine v. ” UGH.

Artwork 96
article thumbnail

TTABlog Test: Is CROSSFIRST BANK & Circle Design Confusable with Banc of California's RIng Design?

The TTABlog

92075496 (January 14, 2024) [not precedential] (Opinion by Judge Michael B. The Board noted that "circles, like other basic shapes featured in trademarks or service marks, are not generally considered particularly distinctive." Welch 2024. It all boiled down to the first DuPont factor. Crossfirst Bankshares, Inc.

Designs 67
article thumbnail

Federal Circuit on TM Law’s Information Matter Doctrine

Patently-O

by Dennis Crouch The Federal Circuit has just reissued this important trademark decision as precedential. I previously wrote about the case here: Crouch, Failures to Function and Likelihood of Confusion: Takeaways from Two Recent Federal Circuit Trademark Decisions, Patently-O (November 17, 2023). See, TMEP § 1202.04(b)