The TTABlog

JANUARY 3, 2024

A number of trademark practitioners believe that the TTAB should be issuing more precedential decisions. 12: TTAB Hands Win to MLBPA and Aaron Judge In Opposition to Judicial-Themed Trademarks for Clothing Precedential No. 18: BOYS WORLD Functions Not Only as the Name of a Musical Group, But Also as a Trademark Precedential No.

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The TTABlog

APRIL 10, 2024

Section 1119 of the Trademark Act gives a federal district court the power to "determine the right to registration, order cancelation of registrations, in whole or in part, restore canceled registrations, and otherwise rectify the register with respect to the registrations of any party to the action."

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Registration Registering Trademarks Trademark Ownership 67

The TTABlog

MAY 28, 2024

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. registrations are cancelled, not marks - ed. ]. registrations are cancelled, not marks - ed. ]. The CAFC agreed. [W]e

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Registering Trademarks Registration Trademark Ownership 57

IP and Legal Filings

MAY 17, 2022

Trademark in Bahrain. ?????????A A trademark is a sign or form used to distinguish the goods, products, or services of one establishment from those of other establishments. In addition, a mark of sound or smell can be considered a trademark. Process of registration. If the proprietor wish?

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Registration Trademark Trademark Law Publishing 52

The IPKat

MAY 5, 2023

A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria.

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Registration Ownership Copyright Trademark 121

The TTABlog

APRIL 1, 2024

1: TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use Section 2(e)(1) - Mere Descriptiveness: Precedential No. 3: TTAB Rules that a Cancellation Petition Filed During Grace Period is Mooted If Section 8 Declaration Is Not Filed Precedential No.

Designs 57

Designs Design Registration Trademark 57

LexBlog IP

JANUARY 16, 2024

2022-1212) , where it had previously reversed the USPTO’s cancellation of a registered trademark. In short, Great Concepts beat Dan Tana (by a few years) to the trademark office to register its DANTANNA’S mark ( Registration No. 2929764 ) for restaurant services. 1:08-CV-975-TWT.

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Kashishipr

MARCH 2, 2022

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Furthermore, it will also never enforce your trademark rights on your behalf.

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Registering Trademarks Trademark Registration Trademark Law 105

LexBlog IP

OCTOBER 20, 2023

On Wednesday, a divided panel of the Federal Circuit issued a precedential decision reversing the USPTO’s cancellation of a registered trademark (Great Concepts, LLC v. In March 2005, the mark was registered ( Registration No. The USPTO refused registration at the end of the year based on the DANTANNA’S registration.

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Registration Registering Trademarks Trademark Ownership 52

Patently-O

JUNE 1, 2022

That exchange included ownership rights of the LEHMAN BROTHERS trademarks. But, Barclays was not using the marks and allowed their registration to expire. Barclays opposed the whisky registration and also applied to re-register its mark. The spirit of the Lehman Brothers.

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Registration Ownership Trademark Branding 122

The IPKat

MAY 12, 2024

The wine brand had been around since the nineteenth century but changed ownership a few times. The window to request the cancellation of the PDO expired on 31 December 2014, but Duca di Salaparuta had not sought cancellation before that deadline. The other wineries had been using the word "Salaparuta" on their labels.

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Registration Branding Brands Branding 67

The TTABlog

MAY 7, 2024

The application was filed under Section 1(b) and the mark had not been put into use, so the applicant claimed acquired distinctiveness from three other BASQUIAT registrations, but the Board found that its supporting evidence fell short. Cancelled registrations "are equally unenlightening on consumer perception." Casagrande).

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Registration Branding Brands Branding 62

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

The TTABlog

OCTOBER 6, 2022

26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use TTABlog Test: Is "THE CHIRO PLACE" Confusable With "THE CHIRO SPOT" for Chiropractic Services? 18: TTAB Denies LAGUNA CANDLES Cancellation Petition, Finding Acquired Distinctiveness and No Claim Preclusion Precedential No.

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The TTABlog

JANUARY 5, 2023

26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use Precedential No. 21: TTAB Orders Cancellation of OLD SCHOOL Registrations Due to Abandonment - Intent to Sell Mark Is Not Intent to Use Dilution: Precedential No. Section 2(e)(5) - Functionality Precedential No.

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Registration Designs Design Ownership 78

The TTABlog

JANUARY 4, 2023

the TTAB ordered cancellation of two registrations for the mark COHIBA for cigars, one in typeset and one in stylized form. The owner of the cancelled registrations is General Cigar Co., based cigar manufacturer that first obtained a COHIBA registration in 1981 and has sold COHIBA cigars in the U.S. Cubatabaco v.

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Registration Trademark Law Trademark Branding 78

The TTABlog

JUNE 30, 2023

Yes] Finding Third-Party Registration Evidence Insufficient to Weaken Cited Mark, TTAB Affirms Section 2(d) Refusal of IMAGINE for Early Childhood instruction TTAB Renders Split Decision in "ELECTRIC LAST MILE SOLUTIONS" Section 2(d) Appeal Precedential No. [No] TTABlog Test: Which of These Three Section 2(d) Oppositions Was/Were Dismissed?

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Ownership Registration Designs Design 57

Patent Trademark Blog

APRIL 28, 2022

How are trademark rights determined in the US? In the US, trademark rights are generally given to the first one to use a mark. Except for a few limited circumstances, the first user is the rightful trademark owner in the US. The term common law arises most frequently in the context of an unregistered trademark.

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Trademark Law Cease and Desist Registration 52

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.

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Registration Cease and Desist Ownership Advertising 52

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. used in those generated logos retain the ownership to that original art and do not give you a license to use it exclusively.

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Designs Design Trademark Copyright 52

IP Intelligence

MAY 27, 2021

Earlier this month, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rule-making [1] to implement provisions of the Trademark Modernization Act (TMA), which Congress passed in December 2020. [2] Representation will continue even after an application is abandoned or a registration is canceled.

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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. According to Section 2(d), Australian was required to show ownership of a mark "previously used in the United States.

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Registration Contracts Advertising Advertising 51

Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. In other words, it could be said that it is the first commandment of trademark law. Let’s take a look.

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Trademark Registration Registering Trademarks Intellectual Property 40

LexBlog IP

DECEMBER 23, 2021

Earlier this month, certain regulations implementing the Trademark Modernization Act (TMA) went into effect. Per the final rule , the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks – from the Registry and are now available for use. 1, 2022.

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Trademark Registration Registering Trademarks Ownership 52

IP Intelligence

DECEMBER 23, 2021

Earlier this month, certain regulations implementing the Trademark Modernization Act (TMA) went into effect. Per the final rule , the new tools are primarily to clear the “deadwood” – that is, unused registered trademarks – from the Registry and are now available for use. The filing fee for each of these proceedings is $400 per class.

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Trademark Registration Registering Trademarks Ownership 52

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. Its cancellation petition for Zenú has been suspended during this litigation. Industria De Alimentos Zenu S.A.S. Latinfood U.S. Here, the U.S.

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False Advertising Advertising Advertising Registration 59

LexBlog IP

NOVEMBER 24, 2021

When preparing a trademark application, a significant amount of attention is often given to the drafting of the specification of goods and services. intends to assign the trademark to a corporation to be incorporated. intends to assign the trademark to a corporation to be incorporated. Pham v Insight.

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Ownership Trademark Registration Registering Trademarks 52

IP and Legal Filings

DECEMBER 23, 2023

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] Akash Arora [8] , the plaintiff was the proprietor of the well-known trademark “Yahoo” and corresponding domain name, “Yahoo.com”.

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Trademark Registration Trademark Law Business 52

LexBlog IP

AUGUST 22, 2022

2022) the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed a Trademark Trial and Appeal Board (“TTAB”) decision cancelling two registrations for marks identical to those used outside of the US by The Coca-Cola Company (“Coca-Cola”). Coca-Cola Co. , 4th 1067 (Fed.

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Registration Ownership Trademark Marketing 40

The TTABlog

JANUARY 4, 2022

It granted a petition for cancellation of a registration for the mark DANTANNA’S for “steak and seafood restaurant” on the ground of fraud. Therefore, the Board held that “[i]n matters of trademark registration and maintenance, where the USPTO relies on declarations to be complete, accurate, and truthful.

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Registration Ownership Licensing Trademark 57

The TTABlog

DECEMBER 31, 2021

35: TTAB Grants MIRAGE BRANDS Cancellation Petition Due To Likelihood of Reverse Confusion On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms TTABlog Test: Three Recent Section 2(d) Inter Partes Cases - How Did They Come Out? Yes] Precedential No.

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The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." The Board also pointed out that "as between a manufacturer and distributor, the manufacturer is presumed to own a trademark applied to the goods." See also Chem.

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Ownership Registration Trademark Contracts 52

LexBlog IP

DECEMBER 2, 2022

The Trademark Trial and Appeal Board (“TTAB”) found that there was no likelihood of confusion between the “SMOKES & Design” mark owned by Fancy Pants Products, LLC (“Applicant”), generally used in connection with cannabis products, and the “SMOK” mark owned by Shenzhen IVPS Technology Co.

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Designs Design Registration Copying 40

The TTABlog

NOVEMBER 28, 2022

The CAFC explained that an entity that is the source of a varietal may use a particular term as a trademark for its specific varietal, but it must be clear that there is also a generic name for the varietal. a trademark) and there is a different varietal designation, the term may be registrable." PVP certificates under U.S.

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Trademark Registration Designs Design 52

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?

False Advertising 87

False Advertising Trademark Registration Advertising 87

The TTABlog

JUNE 13, 2022

The Board has re-designated as precedential its April 2001 decision dismissing an opposition to registration of the mark SPINTIRES for computer games and software. Trademark Rule 2.104(c), 37 C.F.R. Trademark Rule 2.107(b), 37 C.F.R. Opposer Saber Interactive alleged only one claim: nonownership. 2.107(b); see also O.C.

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Ownership Registration Designs Design 40

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