The TTABlog

AUGUST 18, 2022

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. An application filed by one who is not the owner of the mark is a "void application."

Ownership 44

Ownership Registration Service Mark Contracts 44

The TTABlog

OCTOBER 10, 2023

In an exhaustive and exhausting decision, the Board sustained an opposition to registration of the mark HME in the stylized from shown below, for various types of pipes and other building products, finding confusion likely with opposer's mark KME for overlapping goods. Zhejiang Hailiang Co.,

Marketing 70

Marketing Marketing Ownership Registration 70

The TTABlog

SEPTEMBER 23, 2022

Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority. TMEP Section 903.06 (2022). Emphasis by the Board).

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." Applicant's use of its proposed mark is not qualitatively different than the third-party uses that Applicant concedes are not source indicating."

Law 52

Law Service Mark Registration Trademark 52