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The TTAB: Service Mark Use Requires More Than Just Preparation

Above the Fold

On December 10, 2021, the TTAB issued a precedential decision reminding trademark practitioners and applicants that service mark use requires that an applicant actually render the services recited in the trademark application; mere preparation to render the services is insufficient. Opinion, at p. Opinion, at pp.

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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).

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copying competitor's website & reviews creates (c), TM, false advertising problems

43(B)log

Boston Suburban allegedly continued to use the “Logan Car Servicemark in online keyword advertising and in metatags, and continued to copy customer reviews from Boston Carriage’s website and publish them on online review platforms. The actionable alleged misrepresentation is that defendant performed the relevant services.

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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.

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Finding MRS. COLORADO Use-less, TTAB Grants Petition for Cancellation

The TTABlog

The Board granted a petition for cancellation of a registration for the mark MRS. COLORADO , finding that Respondent Abundance Productions had not used the mark in commerce in connection with "Entertainment in the nature of beauty pageants" on or before the filing date of the underlying application. Emphasis supplied].

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Precedential No. 34: TTAB Affirms Nonuse Refusal - Service Mark Use Requires Rendering of the Services, Not Just Preparation

The TTABlog

The Board found the Couture case to be relevant: there, the applicant had not rendered his entertainment services in commerce as of his filing date, but had merely advertised his "readiness, willingness and ability" to do so. Playdom, Inc. , 3d 1379, 113 USPQ2d 2042, 2043 (Fed. See Stawski v. 3d 1036, 50 USPQ2d 1545, 1555 (9th Cir.

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Africa IP highlights 2023: Trade marks

The IPKat

Stephen further stated that he was in the process of registering the word for advertising and media business with the aim of providing marketing, branding, and related services, there was a lot of interest in the possibility of registering such a term. Should it not be the chant that may be copyright-protected as a musical work?]

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