Above the Fold

DECEMBER 21, 2021

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.

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The TTABlog

MARCH 22, 2024

Bertini petitioned to cancel a registration for the mark APPLE for a host of entertainment and other services in class 41, claiming that Apple Inc. abandoned the mark through nonuse. If the petitioner presents a prima facie case, the burden of production shifts to the registrant to rebut the prima facie showing.

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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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Service Mark Registration Trademark Advertising 52

IP and Legal Filings

JUNE 8, 2022

In this blog we will talk about the process of registration and what type of protection is provided under the designs act. ADVANTAGES OF DESIGN REGISTRATION. Several benefits come along with the registration of a design in India. REGISTRATION PROCESS OF DESIGN IN INDIA . Picture Credit: Shutterstock]. PROCEDURE .

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Registration Designs Design Intellectual Property 75

IP and Legal Filings

JUNE 9, 2022

There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes. Registration thus provides legal benefits and protection as well as special exclusive rights to the proprietor of the registered IPR.

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The TTABlog

OCTOBER 20, 2023

In a non-precedential ruling, the CAFC affirmed the TTAB's decision [ TTABlogged here ], granting a petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the ground of likelihood of confusion with Petitioner Laverne J. Andrusiek's identical common law mark, also for comic books.

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The IPKat

DECEMBER 14, 2023

Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal. In Kenya, the Registrar of trademarks resolved the " Tinderet Case ," a dispute over the registration of the trademark "TINDERET TEA FARM." Katpost on the decision here.

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IP Service Mark Cease and Desist Registration 83

The TTABlog

DECEMBER 13, 2021

Applicant’s incorporation of her organization, application for tax-exempt status and registration of her domain name did not accord her service mark rights. She had just finished her education and had just formed an entity to develop her vision of “encouraging 'decency' in medicine and medical research." See Stawski v.

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Service Mark Advertising Advertising Business 45

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].

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Service Mark Registration Licensing Advertising 69

LexBlog IP

APRIL 4, 2023

Unlike traditional trademarks or services marks, collective membership marks do not indicate the source or origin of specific goods and/or services. Importantly, to show use of the collective membership mark in commerce, the owner must submit a specimen demonstrating use of the mark by its members.

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Registration Service Mark Trademark Intellectual Property 40

Kashishipr

AUGUST 10, 2021

Domain names are granted on a ‘first come, first served’ basis, and the registration is inexpensive and convenient. 1) Identical to or confusingly similar : The domain that is in question must be identical to or confusingly similar to a name, trademark, or service mark in which you have rights.

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The TTABlog

AUGUST 18, 2022

The Board granted a petition for cancellation of a registration for the mark shown below for mortgage financing services, finding that Petitioner CBC Mortgage was the first and only user of the mark for those services. 3d 1023, 123 USPQ2d 1024, 1028 (Fed. Read comments and post your comment here. Welch 2022.

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Ownership Registration Service Mark Contracts 45

The TTABlog

JULY 16, 2021

Respondent's rope-a-dope defense proved to be successful in this cancellation proceeding aimed at a registration for the mark ONEPACKET (standard form) for computer-related services. What if the registrant has no intent one way or the other? Then registrant wins. - Emphasis supplied.]. I think not.

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Registration Copyright Notice Service Mark Copying 59

Biswajit Sarkar Copyright Blog

SEPTEMBER 16, 2021

On the other hand, the same decided in favor of the applicant, the trademark goes for registration. Registration of Trademark. If the accepted trademark is not opposed during the advertisement for 4 months, then it will proceed for trademark registration. Renewal of Trademark.

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Registration Trademark Journalism Advertising 52

JD Supra Law

FEBRUARY 16, 2023

Is it “hashtag law,” as the PTO examiner suggested would be the most common understanding, or “pound law,” as alleged by the unsuccessful registrant of #law as a service mark. And to what does it refer: a hashtag for a social media topic, or a number that can be dialed from a mobile phone to reach an attorney referral service?

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Trademark Law Law Social Media Service Mark 52

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. PayNearMe, Inc. Substring, LLC , Opposition No.

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Service Mark Registration Technology Designs 64

IP and Legal Filings

MAY 20, 2022

A trademark works as an instrument to claim any sort of mark as your own. There are several kinds of trademarks in India that are eligible for registration the Trademarks Act 1999. These include wordmarks, service marks, certification marks, and many more. For example- the ISI certification mark.

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Trademark Service Mark Registration Registering Trademarks 72

The TTABlog

FEBRUARY 21, 2023

Section 4 of the Trademark Act provides for registration of a collective membership mark, defined as a trademark or service mark adopted by a collective and used by members to indicate membership in the collective. In re Code Consultants Inc., 60 USPQ2d at 1700. Emphasis by the Board]. The record as a whole, including Ms.

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Business Service Mark Registration Trademark 64

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. Would you have applied for registration?

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Service Mark Advertising Advertising Registration 78

LexBlog IP

DECEMBER 19, 2023

CHRISTMAS became a registered trademark for “Christmas Ornaments and Decorations of the Non-Electrical Type” way back in 1966 (Registration No. ” Scrooge wasn’t the only one who had that idea: a business owner registered ALWAYS CHRISTMAS & Design as a service mark in 1995 (Registration No.

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Trademark Registration Registering Trademarks Service Mark 52

Biswajit Sarkar Copyright Blog

NOVEMBER 22, 2021

The domain registration agreement incorporates the policy. The disputes should deal with the registration of a domain name. It also lays down the use of an Internet domain name between the registrant and any party other than them. Service mark and trademark holders must be granted civil recourse. INDRP stands for.in

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Service Mark Registration Trademark Registering Trademarks 52

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. Since both parties rely on issued registrations, priority was an issue in this proceeding. Cancellation No.

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Designs Design Registration Service Mark 69

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." In re Standard Oil Co. , 2d 945, 125 USPQ 227, 229 (CCPA 1960).

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IP Intelligence

FEBRUARY 8, 2022

The examining attorney and the Board refused registration of both versions for failure to function as a mark. 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 examining attorney and the Board refused registration of both versions for failure to function as a mark. 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

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." The Board was not impressed. It depends on consumer perception.

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Service Mark Registration Designs Design 40

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." In re Richard M. See 15 U.S.C. §§ 1052, 1053.

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Service Mark Registration Trademark Designs 56

IP Watchdog

SEPTEMBER 21, 2021

In the mid-1990s William Howard joined the band, and in 1997, Beasley obtained a New Jersey state service mark for THE EBONYS. Each artist believed themselves the owner of the Ebonys name, and in 2012, Howard obtained Registration No. 4,170,469 (the ‘469 mark) for THE EBONYS, as a federal trademark. .

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Service Mark Trademark Registration Litigation 69

The TTABlog

AUGUST 29, 2022

Sections 1 and 2 provide for registration of "trademark[s] by which goods of the applicant may be distinguished from the goods of others." Section 3 states that service marks are registrable "in the same manner and with the same effect as trademarks." are not registrable." Nothing in Iancu v. The Board was unmoved.

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Registration Service Mark Trademark Government 52

TraskBritt Intellectual Property

MARCH 18, 2021

However, filing for trademark registration, copyright registration, or both may be a good idea for your startup depending on your individual situation. Why Should You Obtain a Trademark Registration or a Copyright Registration? Why Should You Obtain a Trademark Registration or a Copyright Registration?

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Trademark Copyright Intellectual Property Intellectual Property Law 52

The TTABlog

DECEMBER 18, 2023

Applicant UNIP (apparently owned in part by LeBron James) counterclaimed for cancellation of that registration on the ground of likelihood of confusion. 91244990 (December 14, 2023) [not precedential] (Opinion by Judge Mark A. Game Plan, Inc. The sole issue for the Board was priority, and UNIP came in first. Game Plan, Inc.

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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]. Lal Babu Priyadarshi [9]. 1] Acharya, M.

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Trademark Law Trademark Law Service Mark 90

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

You can apply for trademark registration online, the process for which is fairly straightforward. However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. Hiring a trademark lawyer will help you take care of all your registration needs. Why hire a trademark lawyer?

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Trademark Intellectual Property Registration Trademark Law 52

IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. Granting patents registrations is generally based on a first-to-file (or first-to-invent, depending on the country) basis. Collective marks may be registered and are treated as ordinary trademarks for the purposes of substantive examination.

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Trademark Intellectual Property Registration IP 88

The TTABlog

OCTOBER 6, 2022

TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? Yes] TTAB Orders Cancellation of CAPTAIN CANNABIS Registration for Comic Books: Petitioner Proved Priority By Use Analogous to Trademark Use TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? Guess What?

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Service Mark Designs Design Ownership 83

The TTABlog

FEBRUARY 16, 2024

The Board affirmed a refusal to register the proposed mark EXPERIMENTAL AND APPLIED SCIENCES for “Dietary and nutritional supplements” on the ground that the mark is used solely as a trade name to identify applicant's business and therefore is not registrable. In re Hi-Tech Pharmaceuticals, Inc. 15 U.S.C. §

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Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

You can apply for trademark registration online, the process for which is fairly straightforward. However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. A trademark lawyer or agent can advise on matters related to trademark filings, registration and opposition.

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