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).

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Service Mark Registration Trademark Patent 59

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. Patent and Trademark Office (USPTO). Suuberg , at p.

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Service Mark Registration Trademark Advertising 52

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

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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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.

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Service Mark Art Trademark 52

IP Law 360

APRIL 18, 2024

The Tenth Circuit on Thursday affirmed a lower court's ruling that Bank of America's virtual assistant "Erica" did not infringe on the trademark of an online movie database, saying the plaintiff failed to establish that the service mark "E.R.I.C.A" was directly associated with the search services offered on the website.

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Service Mark Trademark 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 Service Mark Blogging Trademark 98

JD Supra Law

OCTOBER 23, 2023

The 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. This blog post concentrates on protecting marks outside of the United States.

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Registration Trademark Service Mark Blogging 73

IP Watchdog

OCTOBER 3, 2023

with willful trademark infringement, as well as common law violations under Florida competition, trademark and service mark laws and violations of Florida’s Deceptive and Unfair Trade Practices Act. District Court for the Middle District of Florida, charging Musk’s X Corp.

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Social Media Trademark Service Mark Law 80

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.

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Trademark Copyright Copyright Notice Service Mark 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.

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Trademark Service Mark Designs Design 62

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 Service Mark Intellectual Property Branding 98

The IPKat

DECEMBER 14, 2023

September: In Tanzania, the Registrar of Trade and Service Marks formally announced its intention to abandon Trade or Service Mark applications that do not meet the requirements of the Trade and Service Marks Regulations especially the payment of registration fees.

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IP Service Mark Cease and Desist Registration 83

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.

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Trademark Service Mark Blogging 52

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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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.

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Service Mark Trademark 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.,

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Service Mark Trademark Designs Design 52

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

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

MARCH 12, 2024

COLORADO mark in commerce as of the filing date of the underlying application because it had not yet rendered any pageant services under the mark, and that any prior use under the license inured to the benefit of the licensor, not to Abundance. Rendering services requires actual provision of services.”

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Service Mark Registration Licensing Advertising 69

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.

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Service Mark Registration Technology Designs 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. In re Hulting , 107 USPQ2d 1175, 1180 (TTAB 2013).

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Service Mark Advertising Advertising Registration 78

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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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

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Trademark Service Mark Law 52

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

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.

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Service Mark Trademark Registration Litigation 69

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.

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Trademark Service Mark Registration Registering Trademarks 72

The TTABlog

FEBRUARY 7, 2024

The group owns the service mark. The Board also considered, for the sake of completeness, Stott's claim that he was not just the manager, but the "primary, non-performing member" of the group.

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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.

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Intellectual Property Law Intellectual Property Service Mark Invention 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.

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Advertising Advertising Service Mark Branding 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.

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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.

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Service Mark Registration Designs Design 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.

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Service Mark Registration Trademark Registering Trademarks 52

The TTABlog

MARCH 22, 2024

The Board pointed out that "[t]he addition of a generic or highly descriptive term does not necessarily detract from the separate commercial impression created by the mark APPLE alone." And so, the Board denied the petition for cancellation. Read comments and post your comment here.

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Registration Service Mark Trademark Copyright 64

The TTABlog

FEBRUARY 16, 2024

The distinction between trade name use and either trademark or service mark use is often a difficult one to make and often is nebulous in character.” See , e.g. , In re Letica Corp. , 226 USPQ 276, 277 (TTAB 1985). A designation may function as both a trade name and a trademark. In re Unclaimed Salvage & Freight Co.,

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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 45

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.

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Service Mark Registration Trademark Designs 56