The TTABlog

MAY 16, 2023

The Board denied a petition for cancellation of a Supplemental Registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, rejecting Petitioner Comptime's claim of likelihood of confusion with its alleged common law rights in the same mark for overlapping goods. Cancellation No.

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Registration Advertising Advertising Copying 52

IP and Legal Filings

JULY 8, 2022

The protection of a registered drawing or pattern lasts for ten years from the date of submission of an application for its registration. For the industrial design registration, the following documents are required for the same: Summarized description of the design. The registration and renewal fees shall be fixed in the Regulations.

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Registration Designs Design Copying 66

The TTABlog

APRIL 1, 2024

TTAB Sustains eBay's Section 2(d) Opposition to AFREBAY & Design for Advertising and Payment Processing Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? 3: TTAB Rules that a Cancellation Petition Filed During Grace Period is Mooted If Section 8 Declaration Is Not Filed Precedential No. Precedential No.

Designs 57

Designs Design Registration Trademark 57

The TTABlog

MARCH 12, 2024

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]. Intermed Comms.,

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Service Mark Registration Licensing Advertising 67

The TTABlog

JULY 5, 2023

The Board rendered a split decision in this opposition to registration of the mark EVOGUE for a wide variety of consumer electronic devices and accessories, tossing out Opposer Advance Magazine's Section 2(d) claim but partly upholding its dilution claim, based on the registered mark VOGUE for, inter alia , magazines and mobile phone software.

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Registration Trademark Ownership Advertising 52

Patent Trademark Blog

APRIL 5, 2022

Can you expedite a US trademark application? While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. You can subtract items from the old registration.

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43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

False Advertising 59

False Advertising Advertising Advertising Registration 59

The IPKat

DECEMBER 14, 2023

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?]

IP 83

IP Service Mark Cease and Desist Registration 83

The TTABlog

AUGUST 3, 2022

Pet Go Round of Greensboro , Cancellation No. Although Petitioner owned three registrations for its marks, it had disclaimed the words NATURAL DOG COMPANY in one registrations, claimed acquired distinctiveness in another (with a disclaimer of DOG COMPANY), and accepted a Supplemental Registration in the third.

Law 52

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The TTABlog

JANUARY 17, 2024

Banc of California petitioned to cancel a registration for the mark shown below left, on the ground of likely confusion with its registered mark shown below right, both for, inter alia , banking services. Cancellation No. Cancellation No. It all boiled down to the first DuPont factor. How do you think this came out?

Designs 67

Designs Design Registration Service Mark 67

The TTABlog

JULY 29, 2021

In a case decided under the TTAB's ACR regime, the Board granted a petition for cancellation of Nema Foods' twenty-year old registration for the mark SEYIDOGLU (in standard form) for various food items, finding that the mark falsely suggests a connection with Petitioner, a major manufacturer of food products, including Turkish desserts and jams.

Registration 52

Registration Cease and Desist Ownership Advertising 52

LexBlog IP

JANUARY 31, 2024

We presented a webinar last week entitled How to Win Your Next Trademark Battle: Lessons Learned in 2023 to give brand owners and their lawyers an overview of key takeaways from last year’s trademark cases. misuse of their trademarks when drafting license or distribution agreements with non-U.S. Rothschild is appealing.

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Trademark Registration Branding Brands 52

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Naked TM, LLC , Cancellation No. Australian Therapeutic Supplies Pty. 92056381 (December 16, 2021) [not precedential] (Opinion by Judge Marc A.

Registration 51

Registration Contracts Advertising Advertising 51

The TTABlog

DECEMBER 30, 2022

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine (IX) oral hearings for the month of January 2023. Cancellation No. 91269117 [Opposition to registration of WHISKEYSMITH for "distilled spirits" on the ground of likelihood of confusion with the allegedly previously used, identical common law mark for whiskey.]

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Registration Advertising Advertising Designs 57

43(B)log

SEPTEMBER 7, 2021

Chunma’s motion to dismiss the cancellation claims was denied. The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone.

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False Advertising Registration Trademark Registering Trademarks 59

Intepat

DECEMBER 4, 2023

Introduction In the ever-shifting landscape of the digital era, the surge in domain name registrations has given rise to a critical challenge— domain name disputes, particularly those entangled with cyber squatting and trademark infringements.

Intellectual Property 52

Intellectual Property Registration Trademark Due Diligence 52

The IPKat

NOVEMBER 24, 2022

Several of the recipient companies filed actions with the DPMA to invalidate the registration. The DPMA cancelled the registration of “Black Friday” due to lack of distinctiveness. 8(2)(2) prohibits registration of signs that “may serve” as descriptive. 8(2)(1) German Trade Mark Act ), descriptiveness (Sec.

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Registration Advertising Advertising Art 117

IP Law 360

AUGUST 3, 2021

The Eleventh Circuit has partially revived an Illinois-based marketing and advertising company's trademark fight with a Florida-based business that has a similar name, finding a lower court jumped the gun in canceling the Prairie State company's registrations.

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Advertising Advertising Registration Marketing 40

43(B)log

FEBRUARY 16, 2023

22, 2022) This is a super messy case with a lot going on; I’m going to blog about it mainly to highlight a new thing you can apparently do with a trademark application , which is use it on non-Amazon platforms to gain advantages. But (see below) Jones didn’t plead trademark infringement [would fraud on the PTO have worked?

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False Advertising Trademark Registration Advertising 87

The TTABlog

JUNE 29, 2022

The Trademark Trial and Appeal Board (Tee-Tee-?-Bee) 88453313 [Refusal to register ResponsiveAds for advertising, marketing and promotional services and for marketing software, on the ground of mere descriptiveness and lack of acquired distinctiveness.] Cancellations Nos. The hearings will be held via video conference.

Music 57

Music Registration Advertising Advertising 57

IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark.

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Trademark Registration Registering Trademarks Advertising 52

Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. Per the Complaint, Plaintiffs have used the getGo® trademark since at least March 2013 and have sought and secured federal trademark registrations for various getGo® trademarks and logos as set forth below (the “getGo® Marks”).

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Trademark Service Mark Registration Designs 52

azrights

OCTOBER 20, 2023

Apple and MacDonalds are household brands that have lost their EU trademarks in recent years, meaning that third parties may now freely use ‘Think Different’ and Big Mac in the EU. When that happens, the other party who wants to use the marks will be able to apply to have the trademark registrations cancelled.

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Branding Brands Branding Marketing 52

The TTABlog

JULY 2, 2021

Failure to Prove "Standing" and Priority Dooms Section 2(d) Cancellation of CHUBB TRAVEL SMART Registration for Mobile Apps Catch-all Thirteenth DuPont Factor Saves HANA BANCORP & Design from Section 2(d) Refusal Precedential No. TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? Precedential No. Guess What?

Registration 52

Registration Designs Design Trademark 52

SpicyIP

MARCH 11, 2024

A Case of Reverse Passing Off: DHC Rules In Favour Of Western Digital On Trademark Infringement Recently, the DHC passed an ex-parte interim injunction order against Geonix, holding them prima facie liable for indulging in ‘reverse passing off’ by selling Western Digital’s hard disks as their own.

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

MARCH 13, 2023

The court then emphasized the importance of prior use of the mark by a party and held that “ the rights of a prior user of a trademark are legally superior and take precedence over those of a registered proprietor who obtained registration later.” Case: Burger King Corporation v. Ranjan Gupta & Ors.

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Intellectual Property Law Intellectual Property Trademark IP 119

LexBlog IP

DECEMBER 20, 2021

The Trademark Modernization Act of 2020 (“TMA”) went into effect on December 18, 2021. Applicants and registrants now have new tools at their disposal to clear the federal register of unused trademarks and the USPTO can move applications through the registration process more efficiently.

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Trademark Registration Advertising Advertising 40

SpicyIP

OCTOBER 27, 2023

Example: When opt-out/ unsubscribing services are hidden or require multiple steps to arrive at the cancellation page. Interface interference is a tactic that hinders consumers from performing actions like cancelling subscriptions or deleting accounts, such as redirecting them to another page while trying to cancel a pop-up advertisement.

Intellectual Property 52

Intellectual Property False Advertising Designs Design 52

The IP Law Blog

MARCH 5, 2021

, the executives at Peloton believe that the trademark SPIN is of great importance. Last month (February, 2021), Peloton filed petitions to cancel the trademarks SPIN and SPINNING for physical fitness instruction and for stationary exercise bicycles on the grounds that the marks are generic.

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Trademark Branding Brands Branding 85

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. Cancellation No. 91263939 [Opposition to registration of JOYRIDE SNOWBOARDS for "snowboards" [SNOWBOARDS disclaimed] on the ground of likelihood of confusion with the registered mark RIDE for snowboards and accessories.]

Contracts 52

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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. Its claim of use analogous to trademark use failed because its prior publicity "was not sufficiently clear, widespread and repetitive." TMEP Section 903.06 (2022).

Service Mark 52

Service Mark Registration Advertising Advertising 52

The TTABlog

FEBRUARY 2, 2022

The United States District Court for the District of Oregon reversed the Board's decision dismissing an opposition to registration of the mark M ANIMAL for a wide variety of clothing, including "children’s clothing." [ TTABlogged here ]. Garan, Incorporated and Garan Services Corporation v. Manimal, LLC , Case No. 3:20-cv-00623-IM (D.

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SpicyIP

OCTOBER 24, 2022

We’re pleased to bring to you a guest post by Akshay Ajayakumar that continues his scrutiny of the trademark registry’s standard of examination. There exist numerous certification marks which have been granted registrations erroneously. In this post, he focuses on certification marks. What is a certification trade mark?

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LexBlog IP

DECEMBER 26, 2023

The legal world is buzzing about AI and its use for all kinds of things, including generating logos, text, and other things people would normally want to register for copyright or trademark protection. Well, they’re right, I can apply, but registration surely won’t be granted. Can you use it in the ways you want to?

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Designs Design Trademark Copyright 52

Garrigues Blog

JUNE 1, 2021

Autocontrol and Asociación Española de Anunciantes (Spanish Advertisers’ Association or AEA) agree on the ethical standards that should be applied to advertising by influencers from January 1, 2021. Banksy Case: registration of a trademark in bad faith and the price of anonymity. How do you protect a website?

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Blogging IP Advertising Advertising 52

43(B)log

OCTOBER 31, 2022

He alleged trademark and related claims based on CasperLabs’ use of the name. Zamfir alleged that, though continued to inquire about the status of the CASPER trademark application CasperLabs represented it would file on his behalf, he didn’t learn that CasperLabs had registered the CASPER mark until early 2021.

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Registration Trademark Ownership Marketing 59

IP and Legal Filings

NOVEMBER 2, 2021

The trademark dispute between Olympic and Retrolympic was a bit interesting owing to the dispute about the likelihood of confusion between the competing marks. The marks are Retrolympic and IOC trademark ‘Olympic.’ The Federal Supreme Court rules that the German Olympic Protection Act provides special trademark protection for Olympia.

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Trademark Patent Trademark Law Advertising 76