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 Trademark Designs Design 52

JD Supra Law

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).

Service Mark 57

Service Mark Trademark Patent Registration 57

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.

Service Mark 52

Service Mark Trademark Registration Patent 52

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.

Service Mark 43

Service Mark Trademark Advertising Advertising 43

JD Supra Law

APRIL 15, 2022

With excellent craft beers, breweries have become highly popular in the Washington, D.C. metropolitan area and throughout the United States and are most often visited during spring, summer, and fall. The brewers regularly surprise their devoted craft beer communities with new beers while serving their popular classics every year.

Service Mark 52

Service Mark Trademark Art 52

JD Supra Law

FEBRUARY 6, 2023

My previous blog post, “What are the Types of Trademarks,” explained the distinction between Trademarks, Service Marks, State Marks, Federal Marks, and Common Law Marks, which are common types of protection for marks in the United States. By: Dunlap Bennett & Ludwig PLLC

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Registration Trademark Service Mark Law 98

Erik K Pelton

FEBRUARY 4, 2021

TM – Unregistered mark, used with products and tangle items. SM – Unregistered service mark, used with services. Here is a handy cheat sheet I made: ® – a.k.a “circle-R” – Registered trademark with the USPTO.

Trademark 162

Trademark Copyright Registering Trademarks Copyright Notice 162

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 59

Trademark Service Mark Designs Design 59

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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Trademark Service Mark Marketing Marketing 52

JD Supra Law

JUNE 16, 2023

Introduction - The test for trademark and service mark infringement first set forth in Rogers v. Grimaldi, has played an increasingly significant role in challenges to the titles and contents of creative works since its articulation.

Trademark 52

Trademark Service Mark 52

JD Supra Law

APRIL 21, 2023

This blog post explains the general requirements for specimens for trademark and service mark applications. There are numerous exceptions to these general specimen rules depending upon the type of the mark, the respective goods and services of the application, and particular industry standards for the goods/services.

Trademark 52

Trademark Service Mark Blogging 52

JD Supra Law

AUGUST 4, 2021

Insurers naturally allow their agents and other third parties to use their trademarks and service marks. But unless you set clear guidelines for third-party use of your brands, this can be risky.

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Trademark Intellectual Property Service Mark Branding 98

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.

Trademark 60

Trademark Service Mark Business Registration 60

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?

Trademark Law 52

Trademark Law Law Trademark Service Mark 52

The TTABlog

AUGUST 18, 2023

The Board affirmed a failure-to-function refusal to register WHEN THERE ARE NINE , in standard character form, as a service mark for "providing educational scholarships." may influence how the [mark] is perceived.’” The Board noted that the applicant used the phrase in the manner of a service mark, but that begs the question.

Service Mark 52

Service Mark Trademark Copyright Art 52

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.,

Trademark 52

Trademark Service Mark Designs Design 52

Kashishipr

AUGUST 10, 2021

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. Requirements to Initiate Action under UDRP. (1) Note that this can cover unregistered trademarks such as names of well-known personalities. (2) The Process.

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Settlement Trademark Registration Registering Trademarks 105

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).

Trademark 73

Trademark Service Mark Registration Advertising 73

Patently-O

APRIL 20, 2022

The USPTO refused to register Glascoe’s mark SCIENTIFIC STUDY OF GOD for use as a service mark when “analyzing the process of creating a human being, the earth, the universe and its environment.” In re Glascoe (Fed. ” I know what you are thinking–deceptively misdescriptive.

Service Mark 118

Service Mark Registration Branding Brands 118

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 Trademark Service Mark Intellectual Property 40

JD Supra Law

OCTOBER 6, 2021

In the United States, trademarks, service marks, certification marks, and collective marks are protected not only under civil law pursuant to the Lanham Act, but also under criminal law pursuant to the Trademark Counterfeiting Act, 18 U.S.C. By: Freeman Law

Trademark 52

Trademark Service Mark Law 52

Selvam & Selvam Blog

JANUARY 5, 2023

To file a new trademark or service mark application, you will need to provide certain information and documents. To make changes to an existing trademark or service mark, you will need to provide similar information and documents as for a new application.

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

IP and Legal Filings

NOVEMBER 1, 2022

Cambodian trademark law defines a “mark” as any visible sign capable of distinguishing the goods (trademark) or services (service mark) of an enterprise. Cambodia adopts the International Classification of Goods and Services under the Nice Agreement (8th Edition.

Trademark 52

Trademark Intellectual Property Trademark Law Service Mark 52

IP and Legal Filings

MAY 20, 2022

A trademark works as an instrument to claim any sort of mark as your own. These include wordmarks, service marks, certification marks, and many more. Shape Mark- A shape trademark can be used to protect the distinguishable shape of a product, tag, label, etc. For example – Infosys.

Trademark 72

Trademark Registering Trademarks Registration Service Mark 72

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."

Registration 40

Registration Service Mark Copyright Designs 40

IP and Legal Filings

MAY 20, 2022

There are many types of trademarks such as product mark, shape mark, service mark, certification mark, sound mark, collective mark, pattern mark, etc. Single class trademark application- Trademark/ service mark can get registered under any specified class of goods or services.

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Trademark Registering Trademarks Registration Service Mark 76

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. 4,170,469 (the ‘469 mark) for THE EBONYS, as a federal trademark. . As the decades wore on, the Ebonys’ popularity faded, though Beasley alleges they performed continuously since their formation.

Trademark 69

Trademark Service Mark Registration Intellectual Property 69

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.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Trademark Law Patent Law 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. In order to establish a claim under Section 2(d), an opposer must prove both priority of use and likelihood of confusion.

Advertising 52

Advertising Advertising Trademark Service Mark 52

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.

Trademark 52

Trademark Registration Service Mark Advertising 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.

Registration 52

Registration Trademark Service Mark Advertising 52

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.

Trademark 52

Trademark Registering Trademarks Registration Intellectual Property 52

The TTABlog

NOVEMBER 14, 2022

The Board observed that, as made clear by the Trademark Act, the USPTO "is statutorily constrained to register matter on the Principal Register if and only if it functions as a mark." In re Brunetti , 2022 USPQ3d 764, at *9. The Board therefore affirmed the refusal to register under Section 1, 2, 3, and 45 of the Trademark Act.

Law 52

Law Trademark Registration Service Mark 52

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. 3d 1023, 123 USPQ2d 1024, 1028 (Fed.

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Ownership Registration Service Mark Contracts 43

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.

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Trademark Registration Service Mark Ownership 80

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 Renaissance Jewelry New York, Inc. Serial Nos. In re Standard Oil Co. ,

Trademark 94

Trademark Registering Trademarks Registration Service Mark 94

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.

Intellectual Property Law 40

Intellectual Property Law Intellectual Property Trademark Law Patent Law 40