The TTABlog

AUGUST 18, 2022

An application filed by one who is not the owner of the mark is a "void application." In deciding the issue of ownership, the Board was guided by Lyons v. Those intentions and expectations are also reflected in promotional and advertising material for the program. Text Copyright John L. of Veterinary Sports Med.

Ownership 44

Ownership Registration Service Mark Contracts 44

The TTABlog

OCTOBER 10, 2023

The Board found opposer's mark to be "inherently distinctive and conceptually strong, of average commercial strength." 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." Text Copyright John L. Welch 2023.

Marketing 70

Marketing Marketing Ownership Registration 70

The TTABlog

SEPTEMBER 23, 2022

Petitioner claimed that its restaurant had a "soft opening" in September 2014, with the mark THE HAPPIEST HOUR displayed on signage, but its evidence was "contradictory, inconsistent, and indefinite." Several press releases were issued at that time, but they did not constitute service mark use. Text Copyright John L.

Service Mark 52

Service Mark Registration Advertising Advertising 52

The TTABlog

NOVEMBER 14, 2022

The Board observed that, as made clear by the Trademark Act, the USPTO "is statutorily constrained to register matter on the Principal Register if and only if it functions as a mark." Finally, Pound pointed to its ownership of a 15-year old registration for #LAW on the Supplemental Register. Text Copyright John L. How about you?

Law 52

Law Service Mark Registration Trademark 52