IP and Legal Filings

JUNE 14, 2023

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. Second, the brand is a basket that offers the promise to meet clients’ expectations for a certain quality of a product or service.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

The TTABlog

JANUARY 17, 2024

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

Designs Design Registration Service Mark 67

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Cite to Ohio State v.

Artwork 96

Artwork Trademark Publishing Marketing 96

The TTABlog

FEBRUARY 22, 2022

“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).

Service Mark 76

Service Mark Advertising Advertising Registration 76

The TTABlog

OCTOBER 10, 2023

The similarities in the marks and the goods, "Opposer’s history of renaming and restructuring itself, combined with Opposer’s prior ownership of Applicant’s brass division, industry norms concerning legal entity changes," outweighed any purchaser sophistication. KME Germany GmbH v. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

43(B)log

OCTOBER 24, 2023

The Giant agreement provided that the service mark “JADE” would be held exclusively by the Jade Group, that at no time would more than one member of the Jade Group appear on a non-Jade Group recording, and that no additional members would be added to the Jade Group without Giant’s consent.

False Advertising 59

False Advertising Ownership Service Mark Advertising 59

The TTABlog

JUNE 1, 2023

The Board upheld the USPTO's refusals to register the two proposed marks shown below, for "hotel services; provision of conference, exhibition, and meeting facilities," finding that the building designs are not inherently distinctive and lack secondary meaning. In re Palacio Del Rio, Inc. Serial Nos.

Designs 52

Designs Design Advertising Advertising 52