IP and Legal Filings

MARCH 28, 2024

1] The Copyright Act protects certain types of works, which are included in Section 13. 13 (1) states that original literary, dramatic, musical, and artistic works as well as cinematograph films and sound recordings are protected by copyright. regarding the copyright for the film “De Dhakka.”

Cinema 81

Cinema Copyright Blogging Registration 81

Velocity of Content

JULY 26, 2022

As readers of Velocity of Content know, the US has had a copyright statute on the books since 1790, following closely on the heels of the (then) freshly minted copyright and patent clause in the Constitution. Copyright Office, after what amounts to a much lighter review process. Unlike copyrights and patents, U.S.

Trademark 98

Trademark Government Copyright Service Mark 98

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. Text Copyright John L. Welch 2022.

Service Mark 76

Service Mark Advertising Advertising Registration 76

Chicago IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts. Nominees can be individuals, groups or corporations.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Service Mark Invention 52

The TTABlog

JUNE 21, 2021

Here Opposer Barnard relied on his alleged common law service mark rights, claiming that he had used the mark prior to applicant's filing date (its constructive first use date) of March 26, 2019. Would he need to show significant exposure of the mark in terms of website visits and the like? Text Copyright John L.

Advertising 52

Advertising Advertising Service Mark Branding 52

The TTABlog

FEBRUARY 16, 2024

The distinction between trade name use and either trademark or service mark use is often a difficult one to make and often is nebulous in character.” Refusal seems as inevitable as a Caitlin Clark three-pointer Text Copyright John L. See , e.g. , In re Letica Corp. , 226 USPQ 276, 277 (TTAB 1985). 192 USPQ 165, 167 (TTAB 1976).

Trademark 51

Trademark Designs Design Service Mark 51

The TTABlog

MARCH 22, 2024

The Board pointed out that "[t]he addition of a generic or highly descriptive term does not necessarily detract from the separate commercial impression created by the mark APPLE alone." Text Copyright John L. And so, the Board denied the petition for cancellation. Read comments and post your comment here. Welch 2024.

Registration 62

Registration Service Mark Trademark Copyright 62

The TTABlog

FEBRUARY 7, 2024

The group owns the service mark. Text Copyright John L. The Board also considered, for the sake of completeness, Stott's claim that he was not just the manager, but the "primary, non-performing member" of the group. Read comments and post your comment here. TTABlogger comment: One is tempted to call this a WYHO? Welch 2024.

Ownership 67

Ownership Editing Music Service Mark 67

LexBlog IP

FEBRUARY 28, 2022

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. Copyright Law: An important and original work of authorship, in the literary, musical, visual, dramatic or other arts. Nominees can be individuals, groups or corporations.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Service Mark Invention 40

43(B)log

OCTOBER 11, 2022

Boston Suburban allegedly continued to use the “Logan Car Service” mark 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.

False Advertising 83

False Advertising Advertising Advertising Copying 83

The TTABlog

MARCH 8, 2022

The Trade Mark [sic] Act is not an act to register words but to register trademarks. Before there can be registrability, there must be a trademark (or a service mark) and, unless words have been so used, they cannot qualify for registration." Text Copyright John L. In re Renaissance Jewelry New York, Inc. Serial Nos.

Trademark 94

Trademark Registration Service Mark Registering Trademarks 94

The TTABlog

MARCH 27, 2024

The Board affirmed a refusal to register the proposed mark WE’RE HERE TO HELP WITH YOUR LEGAL NEEDS! finding that the phrase fails to function as a service mark for "legal services." Text Copyright John L. In re Richard M. And so, the Board affirmed the refusal under Sections 1, 2, 3 and 45 of the Trademark Act.

Service Mark 54

Service Mark Registration Trademark Designs 54

The IPKat

JULY 4, 2021

Recently, Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia have made a collective endeavor to move towards the formation of a regional system dealing with trade marks, service marks and appellations of origin of goods in the Eurasian Economic Union (EAEU). Marques provided an explanation of how it will work.

Blogging 85

Blogging IP Designs Design 85

The TTABlog

AUGUST 18, 2022

The fact that TMRR created the mark two years earlier and "promoted the mark" in seeking an entity that would offer the services does not mean it owned the mark. Text Copyright John L. 3d 1023, 123 USPQ2d 1024, 1028 (Fed. Read comments and post your comment here. Welch 2022.

Ownership 44

Ownership Registration Service Mark Contracts 44

The TTABlog

OCTOBER 20, 2023

The appellate court noted that a party may try to show that it acquired proprietary rights in a mark as a result of “prior use analogous to trademark or service mark use.” The court therefore affirmed the "cancellation of Appellant's mark." Actually, registrations are cancelled, not marks - ed. Welch 2023.

Registration 73

Registration Trademark Service Mark Marketing 73

The TTABlog

AUGUST 15, 2023

In a whopping 82-page opinion, the Board affirmed the USPTO's refusal to register PARKING.COM , on either the Principal Register or the Supplemental Register, as a service mark for “website providing information regarding parking availability." Text Copyright John L. Welch 2023.

Service Mark 40

Service Mark Registration Designs Design 40

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. The plaintiff paints fish, has a trademark in his name, “DeYoung,” and has registered copyrights. Redbubble * Zazzle Loses Copyright Jury Verdict, and That’s Bad News for Print-on-Demand Publishers–Greg Young Publishing v.

Artwork 96

Artwork Trademark Publishing Marketing 96

The TTABlog

OCTOBER 6, 2022

No] Section 2(f) - Acquired Distinctiveness: Lotus-Shaped Acupressure Mat Product Design Lacks Acquired Distinctiveness and Fails to Function as a Service Mark Precedential No. Abandonment: Precedential No. 18: TTAB Denies LAGUNA CANDLES Cancellation Petition, Finding Acquired Distinctiveness and No Claim Preclusion Precedential No.

Service Mark 82

Service Mark Designs Design Ownership 82

Biswajit Sarkar Copyright Blog

NOVEMBER 22, 2021

It can be done under the following grounds: -the Registrant’s domain name is identical to or similar to a name, trademark, or service mark in which the Complainant has ownership; -the Registrant has no entitlement or legitimate interests in the web domain; and. Service mark and trademark holders must be granted civil recourse.

Service Mark 52

Service Mark Registration Trademark Registering Trademarks 52

IP and Legal Filings

OCTOBER 30, 2022

There is no such thing as an “international copyright” that will automatically protect an author’s writings throughout the world. The Philippines is a member of several international copyright treaties and conventions and offers copyright protection to foreign works in accordance with these treaties. Conclusion.

Trademark 88

Trademark Intellectual Property Registration IP 88

The TTABlog

DECEMBER 20, 2022

Text Copyright John L. Read comments and post your comment here. TTABlogger comment: Since the applicant appeared pro se, I decided not to label this a WYHA? BTW, is the term generic, as a subgenus? Welch 2022.

Service Mark 62

Service Mark Advertising Advertising Licensing 62

The TTABlog

DECEMBER 18, 2023

Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights. TM) Text Copyright John L. Game Plan could rely only on the filing date of its underlying application (December 28, 2016) as its constructive first use date. Welch 2023.

Law 70

Law Registration Service Mark Litigation 70

The TTABlog

AUGUST 29, 2022

Section 3 states that service marks are registrable "in the same manner and with the same effect as trademarks." Section 45 defines a "trademark" and a "service mark" as something that identifies and distinguishes goods and services from those of others. Text Copyright John L. Welch 2022.

Registration 52

Registration Service Mark Trademark Government 52

The TTABlog

AUGUST 26, 2022

Sections 1, 2, 3, and 45 of the Trademark Act provide the statutory basis for a refusal to register subject matter that fails to function as a service mark. “[N]ot The applied-for marks, even if they do appear on the same page, denote a character in that television series, and do not indicate the source of the services.

Television 62

Television Designs Design Service Mark 62

The TTABlog

SEPTEMBER 23, 2022

Petitioner claimed that its restaurant had a "soft opening" in September 2014, with the mark THE HAPPIEST HOUR displayed on signage, but its evidence was "contradictory, inconsistent, and indefinite." Several press releases were issued at that time, but they did not constitute service mark use. Text Copyright John L.

Service Mark 52

Service Mark Registration Advertising Advertising 52

The IPKat

SEPTEMBER 15, 2022

In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws. Is anything here on the list? Similar logic has been recently applied by the Kirov Region Commercial Court.

IP 132

IP Branding Brands Branding 132

The TTABlog

JULY 15, 2022

It rejected Di-Namic's argument that the proposed mark is not being used merely as a song title, but also to signify that it offers musical composition services as a logical prerequisite of the musical composition being licensed. Text Copyright John L. Read comments and post your comment here. TTABlogger comment: WYHA?

Music 52

Music Licensing Branding Brands 52

The TTABlog

JANUARY 17, 2024

The Board noted that "circles, like other basic shapes featured in trademarks or service marks, are not generally considered particularly distinctive." In fact, likelihood of confusion 'is to be avoided as much between weak marks as between strong marks." Text Copyright John L. TTABlogger comment: How did you do?

Designs 67

Designs Design Registration Service Mark 67

The TTABlog

JULY 16, 2021

The Board was not impressed by this showing: Although this evidence is relevant, it does not establish Respondent’s lack of use of its mark for a three-year period. Text Copyright John L. TTABlogger comment: At a minimum, petitioner should have moved to compel discovery responses. Welch 2021.

Registration 57

Registration Copyright Notice Service Mark Copying 57

Biswajit Sarkar Copyright Blog

AUGUST 10, 2022

It means only the registered proprietor of Amul, i.e. Kaira District Cooperative Milk Producers can register the word Amul for any class of goods or services. Marks that have achieved such status and reputation are known as well known trademarks.

Trademark 52

Trademark Service Mark Registering Trademarks Advertising 52

Biswajit Sarkar Copyright Blog

NOVEMBER 20, 2023

The cooperation of the Member States of the Eurasian Economic Community in the field of protection and enforcement of intellectual property rights is carried out in the following main directions: 1) Support for scientific and innovative development; 2) Improvement of the mechanisms of commercialization and use of intellectual property; 3) Creation (..)

Intellectual Property 52

Intellectual Property IP Contracts Registration 52

The TTABlog

NOVEMBER 10, 2022

The Board found that "the evidence all points in one direction: Cowboy Jack bequeathed his music businesses, including Opposer (which owns the involved mark) to Alison and Niles. We presume this transfer to include all associated trademarks and service marks, and Applicant has not rebutted the presumption. Text Copyright John L.

Ownership 52

Ownership Music Service Mark Business 52

IP and Legal Filings

JUNE 14, 2023

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). The copyright is the final pertinent intellectual property issue that needs to be taken into account.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

The TTABlog

AUGUST 24, 2022

The Board affirmed refusals to register the product design shown below as a trademark for acupressure mats and pillows, and as a service mark for retail store services featuring those goods, finding that the product shape lacked acquired distinctiveness as a trademark and failed to function as a service mark.

Service Mark 52

Service Mark Designs Design Social Media 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

To sum up, the work of a trademark lawyer involves providing a range of legal and other services in relation to the creation, registration, and maintenance of trademarks and service marks in India.

Trademark 52

Trademark Intellectual Property Registration Trademark Law 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

To sum up, the role of a trademark lawyer in India involves providing a range of legal and other services in relation to the creation, registration, and maintenance of trademarks and service marks. A trademark lawyer or agent can advise on matters related to trademark filings, registration and opposition.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

Kashishipr

JULY 27, 2022

In M&A, IP promotes the growth and development of the business when companies acquire assets like trade secrets, copyright, patents, etc. Development & Growth – Development and growth are the essential aspects of every corporate strategy for profit maximization.

Intellectual Property 52

Intellectual Property Artistic Work IP Marketing 52