Service Mark Related Topics 
JD Supra Law
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.
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.
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IP Intelligence
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.
JD Supra Law
NOVEMBER 16, 2021
If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration.
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.
LexBlog IP
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.
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.
IP Intelligence
NOVEMBER 15, 2021
If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. Section 1053 (which, generally, provides that service marks used in commerce are registrable like trademarks) and Section 45, 15 U.S.C.
LexBlog IP
NOVEMBER 15, 2021
If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. Section 1127 (which provides the definition of “service mark”).
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.
The TTABlog
DECEMBER 13, 2021
In a somewhat muddled decision, the Board affirmed a refusal to register the proposed mark HAVE SOME DECENCY for various charitable fund raising services on the ground that the mark was not in use as of the applicant's Section 1(a) filing date. Applicant Suuberg made preparatory measures to use the mark but never rendered the services before her filing date. What is the first use date for the restaurant's services?
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. Word Mark- A wordmark may include a word, a combination of words, slogans, taglines, or numerals.
Biswajit Sarkar Copyright Blog
OCTOBER 21, 2021
A trademark search is made in the Indian Trademark Registry database, similar word marks, as well as phonetically similar names in a specific class can be comprehensively searched. As per Nice Classification, Class 1- 34 deals with various goods, and Class 35-45 deals with services.
Biswajit Sarkar Copyright Blog
SEPTEMBER 16, 2021
Word mark. Device mark. Description of the Goods or Services. Classification of the Goods or Services-. Trade Mark & Service Mark Trademark UncategorizedPreparation/ Filing of Trademark Application (s/18 of the Trademarks Act, 1999).
Biswajit Sarkar Copyright Blog
JANUARY 29, 2021
Blogs Intellectual Property Trade Mark & Service Mark TrademarkOn January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer.
Biswajit Sarkar Copyright Blog
JANUARY 29, 2021
Blogs Intellectual Property Trade Mark & Service Mark TrademarkOn January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer.
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.
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.
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. How would you pronounce #law?
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.
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.
Erik K Pelton
FEBRUARY 4, 2021
TM – Unregistered mark, used with products and tangle items. One of the most common questions I get is about which symbol to use. Here is a handy cheat sheet I made: ® – a.k.a “circle-R” – Registered trademark with the USPTO.
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.
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.
Selvam & Selvam Blog
JANUARY 5, 2023
The Bangladesh trademark office follows the 10th edition of the NICE Classification and has a list of accepted goods and services. You can file a trademark application in classes 1-34 for goods or classes 35-45 for services.
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. 2022).
The TTABlog
FEBRUARY 22, 2022
Applicant’s own use of “Get Ordained” to convey the ordinarily-understood meaning of the words, i.e. “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.
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. Non-traditional non-visible marks, such as sound, smell, gestures and motion, are not capable of being registered.
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. .
IP and Legal Filings
MAY 20, 2022
The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on.
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.
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.
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.
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. Applicant's "mark" failed that test.
The TTABlog
DECEMBER 20, 2022
The pro se applicant argued, without success, that the proposed mark is suggestive rather than merely descriptive because "HUMAN could refer to any number of ambiguous interpretations about the mark, especially if HUMAN is used as a noun."
The TTABlog
NOVEMBER 14, 2022
The Board upheld a refusal to register the proposed mark #LAW for legal referral services, finding that the term, as used on Applicant Pound Law's specimens of use, fails to function as a source indicator.
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.
The TTABlog
SEPTEMBER 23, 2022
Petitioner JNF LLC was undoubtedly unhappy with the result of its petition to cancel a registration for the mark HAPPIEST HOUR for bar and restaurant services. JNF claimed prior use of THE HAPPIEST HOUR for the identical services, but it failed to prove priority.
IP Intelligence
FEBRUARY 8, 2022
The examining attorney and the Board refused registration of both versions for failure to function as a mark. Such evidence included examples from Vox Populi’s website, get.sucks, using.SUCKS to identify a product (domain names ending in.SUCKS) rather than a provider of services.
The TTABlog
JUNE 21, 2021
Opposer James Barnard claimed prior use of the mark MANDALA for business consulting and branding services, and alleged likelihood of confusion with the Applicant's proposed mark MANDALAEVERYWEAR for marketing consulting services.
Indiana Intellectual Property Law
AUGUST 18, 2021
According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. Further, Giant Eagle claims it has spent millions of dollars to advertise and promote its services using the getGo® Marks.
The TTABlog
OCTOBER 6, 2022
13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal Precedential No. TTABlog Test: Is HI-FI Confusable With HIGH FIDELITY for Overlapping Marketing Services ? E-mail subscriptions to the TTABlog are available.
43(B)log
OCTOBER 11, 2022
30, 2022) Plaintiff, d/b/a Logan Car Service, has offered limousine and transportation services primarily in the Greater Boston area since the 2000s and uses logancarservice.com to do so. The actionable alleged misrepresentation is that defendant performed the relevant services.
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