LexBlog IP

JANUARY 4, 2022

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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JD Supra Law

JUNE 22, 2023

In a twin set of precedential opinions, the Trademark Trial & Appeal Board laid the foundation for determining whether building designs can be trademark protected as service marks. In re Palacio Del Rio, Inc., 88412764; 88437801 (TTAB May 25, 2023) (Shaw, Goodman, Hudis, ATJs); In re Seminole Tribe of Florida, Ser.

Trademark 62

Trademark Service Mark Designs Design 62

JD Supra Law

JULY 5, 2023

There are plenty of fish in the sea when it comes to trademarks: from word marks to service marks; from symbols to surnames; from product packaging to product design. When the time is right, and you feel like you have found “the one,” it is important to lock it down.

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The TTABlog

FEBRUARY 16, 2024

A designation used merely as a trade name cannot be registered under the provisions of the Trademark Act." A designation may function as both a trade name and a trademark. The fact that Applicant does not include a corporate designation, such as “Inc.”, 15 U.S.C. § See , e.g. , In re Letica Corp. , 192 USPQ 165, 167 (TTAB 1976).

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JD Supra Law

SEPTEMBER 9, 2021

Trade Dress Is Either a Trademark or Service Mark. Trade dress” functions as either a trademark or service mark. A “trademark” is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof, which distinguishes the goods (i.e.,

Service Mark 52

Service Mark Trademark Designs Design 52

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. The Trade Mark [sic] Act is not an act to register words but to register trademarks.

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Trademark Registration Service Mark Registering Trademarks 94

The TTABlog

OCTOBER 6, 2022

19: TTAB Affirms Section 2(b) Refusals of Orange County "Unofficial" Insignia Section 2(d) - Likelihood of Confusion: TTABlog Test: Is "MOXIE SCRUBS" & Design Confusable with "MOXIE" for Clothing? [No] 13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal Precedential No. Abandonment: Precedential No.

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Service Mark Designs Design Ownership 82

The IPKat

MAY 29, 2023

Chapter 2, authored by David Musker, considers the overlaps between patents and designs. For instance, the existence of a patent may be used by competitors to argue that the design is dictated by function and should therefore be ineligible for protection.

Intellectual Property 89

Intellectual Property Editing Privacy Moral Rights 89

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.

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Blogging IP Designs Design 85

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 N]ot every designation adopted with the intention that it performs a trademark function and even labeled as a trademark necessarily accomplishes that purpose….”

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Television Designs Design Service Mark 62

The TTABlog

FEBRUARY 1, 2024

Here are three recent TTAB rulings, each sustaining an opposition based upon non-use of the opposed service mark. For a service mark, the services must be rendered in order to qualify as "use in commerce" as defined in Section 45 of the Lanham Act. BlackBerry Limited v. Hotberry LLC , Opposition No.

Service Mark 62

Service Mark Registration Technology Designs 62

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.

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LexBlog IP

SEPTEMBER 11, 2023

In a precedential decision the Trademark Trial and Appeal Board (“Board”) affirmed a refusal to register a character featured in a video game on the grounds that the proposed design mark failed to function as a trademark. Color was not claimed as part of the mark. [1] In re Joseph A. Stallard , Serial No.

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IP Intelligence

FEBRUARY 8, 2022

The Federal Circuit found that substantial evidence supported the Board’s finding that consumers will perceive.SUCKS only as a non-source identifying part of a domain name and not as a service mark.

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Service Mark Registration Designs Design 52

LexBlog IP

FEBRUARY 8, 2022

The Federal Circuit found that substantial evidence supported the Board’s finding that consumers will perceive.SUCKS only as a non-source identifying part of a domain name and not as a service mark.

Service Mark 52

Service Mark Registration Designs Design 52

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).

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Service Mark Advertising Advertising Registration 76

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. 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).

Marketing 52

Marketing Marketing Intellectual Property Branding 52

Technology & Marketing Law Blog

MARCH 5, 2024

On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit Isn’t–Williams v.

Artwork 98

Artwork Trademark Publishing Marketing 98

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

IP and Legal Filings

AUGUST 3, 2023

The more familiar the term or phrase is, the less likely it will be a mark that could be used to identify a single source of goods or services. Marks consisting of designs or patterns may also be rejected as a failure to function. It may be rejected for being a mere graphic representation of the product.

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Registration Branding Brands Branding 52

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

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." A declaration from an officer of ST Plus lacked detail and was unpersuasive.

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Service Mark Registration Designs Design 40

The TTABlog

OCTOBER 10, 2023

Opposer and applicant agreed in the Asset Purchase Agreement ("APA") that opposer would “maintain sole rights in the designation ‘KME’ for use as a trademark” and that applicant would “eliminate references to ‘KME’” and “cease making use of the trade names and product or service marks of [Opposer] or confusingly similar designations or trademarks.”

Marketing 70

Marketing Marketing Ownership Registration 70

The IPKat

SEPTEMBER 15, 2022

One of the first enacted changes concerned the rules for calculation of the compensation paid to the patent owner in the event that an invention, utility model, or industrial design is being used without the patent owner’s authorization. These rules were introduced in the 2021 amendment to Article 1360 of the Civil Code.

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IP Branding Brands Branding 132

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." That opinion had originally been deemed nonprecedential, but at the USPTO's request, the court re-designated it as precedential.

Service Mark 54

Service Mark Registration Trademark Designs 54

Indiana Intellectual Property Law

AUGUST 18, 2021

After acquiring the Fort Wayne Rickers stores, Plaintiffs apparently became aware of Defendants’, Get 2 Go , Virk Brothers, LLC, and Charanjit Singh, use of the name and trademarks GET 2 GO in connection with three retail convenience stores in Fort Wayne (the “Infringing Marks”). Service Mark Registrations, Nos.

Trademark 52

Trademark Service Mark Registration Advertising 52

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. False designation of origin: Failed to state a passing off claim, but Dastar didn’t bar a reverse passing off claim. Some service/product confusion also going on here.]

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Intepat

MAY 29, 2024

.” The “Claiming User Date” category pertains to trademarks that are already in use by the applicant in the market, while the “Proposed to be Used” category applies to trademarks or service marks that are for future use.

Registration 52

Registration Trademark Advertising Advertising 52

Velocity of Content

JULY 26, 2022

In contrast, trademarks in the United States —in some instances referred to as service marks or trade names—are created by use by a person “in commerce”; technically, no government approval is required. Copyright Office, after what amounts to a much lighter review process.

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Trademark Government Copyright Service Mark 98

The TTABlog

DECEMBER 20, 2022

The Board, however, had no doubt that HUMAN DATA MARKETPLACE is merely descriptive because it "immediately conveys knowledge of a quality, feature, function, or characteristic of Applicant’s online marketplace and platform featuring data assets."

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. Game Plan, Inc. While this fact saved Game Plan's Opposition from dismissal for failure to prosecute under Trademark Rule 2.132, it leaves Game Plan with no other evidence to support [its] claims."

Law 70

Law Registration Service Mark Litigation 70

The TTABlog

DECEMBER 31, 2021

Crowded Field of Third-Party Registrations and Uses Leads to TTAB Reversal of "MATCH STUDIO" Over "MATCH" for Clothing Licensee's Prior Common Law Use Established Priority for "SNORE MD" Mark TTABlog Test: Is "BEDLAM VODKA & Design" for Vodka Confusable With "BEDLAM! & Design" for Beer?

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Cinema Registration Trademark Reporting 67

Patently-O

JANUARY 26, 2024

The Lanham Act requires that a trademark identify and distinguish the source of a good or service in order to merit protection. If the nature of a proposed mark would not allow consumers to perceive it as designating a particular source, then it cannot qualify as a trademark eligible for federal registration.

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Registration Trademark Service Mark Trademark Law 63

Kashishipr

JULY 27, 2022

In simple terms, it pertains to the original creations of the human intellect, including inventions, symbols, designs, artistic works, literary works, and so on. The term ‘ Intellectual Property (IP) ‘ basically refers to the creations of the human mind that are intangible in nature. Now let us define IPRs.

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Intellectual Property Artistic Work IP Marketing 52

Patently-O

NOVEMBER 17, 2023

explains that certain types of informational content, such as slogans used by the public to convey sentiments, are typically not registrable because the public is unlikely to perceive them as trademarks or service marks identifying a single commercial source. The Trademark Manual of Examining Procedure (TMEP) § 1202.04

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Trademark Registration Trademark Law Service Mark 63

IP and Legal Filings

FEBRUARY 2, 2024

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. 1] Acharya, M. 2022, February 28).

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Trademark Law Trademark Law Service Mark 89

Corsearch

AUGUST 30, 2023

The regulations for the use of the mark must be submitted officially as a part of the registration process. See also certification mark. What is a combination mark? In a combination mark the text is usually also protected as a word mark, unless a disclaimer applies. What is a Community Trade Mark, CTM?

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Trademark Registration Registering Trademarks Designs 52