Remove Advertising Remove Design Remove Designs Remove Service Mark
article thumbnail

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

The TTABlog

California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. It included evidence regarding use of that mark with the bank name. Nor did California put its advertising expenses "in context," i.e., in comparison with the expenditures of other banks.

Designs 67
article thumbnail

Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

IP Intelligence

If you desire to register a service mark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Instead, the services must be actually rendered in connection with the mark for a registration to be granted. Patent and Trademark Office (USPTO). Suuberg , at p.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

LexBlog IP

If you desire to register a service mark asserting use that is preparatory for the rendering of your services, your application will fail in the U.S. Instead, the services must be actually rendered in connection with the mark for a registration to be granted. Patent and Trademark Office (USPTO). ” Id.

article thumbnail

Marketing and IPR

IP and Legal Filings

A trade name often is designated by the term “doing business as,” “trading as,” or “operating as” to make this distinction from the legal name. This is created through personal contact with the client in connection with the use of services or products, contact with sales or client support, or through brand communication (marketing).

article thumbnail

TM infringement and false advertising claims related to putative open source software "fork" succeed

43(B)log

The parties previously partnered nonexclusively so that PureThink would sell and support the commercial version of Neo4j; upon termination, PureThink expressly agreed to “cease using any trademarks, service marks and other designations of Plaintiffs.” Summary judgment granted on state and federal false advertising claims.

article thumbnail

"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

The TTABlog

“become ordained” or “become a minister,” is strong evidence that Applicant’s consumers will perceive “get ordained” not as a service mark but rather for the commonly understood meaning of the words. Its intent that the phrase function as a service mark is irrelevant. In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013).

article thumbnail

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

Technology & Marketing Law Blog

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v.

Artwork 97