The TTAB: Service Mark Use Requires More Than Just Preparation

JD Supra Law

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.

Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

IP Intelligence

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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Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

JD Supra Law

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration.

Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

JD Supra Law

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 TTAB: Service Mark Use Requires More Than Just Preparation

Above the Fold

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.

How to Protect a Trademark or Service Mark for a Brewery or Beer Name

JD Supra Law

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.

Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

IP Intelligence

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.

Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

LexBlog IP

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”).

Actual Use, Not Preparations For Use, Of A Service Mark Is Necessary For The USPTO To Register It

LexBlog IP

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.

Precedential No. 34: TTAB Affirms Nonuse Refusal - Service Mark Use Requires Rendering of the Services, Not Just Preparation

The TTABlog

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?

Types Of Trademarks And Its Importance

IP and Legal Filings

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.

PROCEDURE OF TRADEMARK SEARCH

Biswajit Sarkar Copyright Blog

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.

PROCEDURE FOR TRADEMARK REGISTRATION IN INDIA

Biswajit Sarkar Copyright Blog

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).

Amazon wins trademark case

Biswajit Sarkar Copyright Blog

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.

Amazon wins trademark case

Biswajit Sarkar Copyright Blog

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.

Protect Your Goodwill: Allowing Third Parties to Use Your Trademarks

JD Supra Law

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.

Trade Dress: What It Is and How to Protect It

JD Supra Law

Trade Dress Is Either a Trademark or Service Mark. Trade dress” functions as either a trademark or service mark.

The Trademark Counterfeiting Act

JD Supra Law

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.

Which trademark or copyright symbol do I use?

Erik K Pelton

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.

Trademark and Its Regulations

IP and Legal Filings

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.

SCIENTIFIC STUDY OF GOD

Patently-O

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).

"GET ORDAINED" Fails to Function as a Source Indicator for Ordination-Related Services, Says TTAB

The TTABlog

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.

Third Circuit Joins Sister Courts in Ruling TTAB Decisions May Not Have Preclusive Effect

IP Watchdog

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. .

Domain Name Dispute Settlement

Kashishipr

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.

Call for Nominations for IPLAC Creator of the Year

Chicago IP

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

Cybersquatting – A Menace in Digital India

Biswajit Sarkar Copyright Blog

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.

"MADE FOR YOU LAB-GROWN DIAMONDS" Fails to Function as a Trademark For Diamonds, Says TTAB

The TTABlog

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.

SUCKS’ Luck Sucks: Federal Circuit Affirms Refusal to Register.SUCKS for Failure to Function

IP Intelligence

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.

TTAB Dismisses MANDALAEVERYWEAR Opposition; Opposer Proved Prior Advertisement But Not Prior Rendering of Services

The TTABlog

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.

Get 2 Go Sued for Alleged Trademark Infringement of getGo®

Indiana Intellectual Property Law

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.

Registration and Protection Of Industrial Design In India

IP and Legal Filings

The Controller-General of Patents, Designs, and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Controller of Designs for this Act. Intellectual Property Rights come in various forms.

Call for Nominations for IPLAC Creator of the Year

LexBlog IP

Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign. The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award.

SUCKS’ Luck Sucks: Federal Circuit Affirms Refusal to Register.SUCKS for Failure to Function

LexBlog IP

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.

Trademarks vs. Copyrights for Startups

TraskBritt Intellectual Property

Unlike patent laws, in the US, the law conveys immediate copyright and trademark rights once your trademark is used in association with products or services and your original content is written down or recorded. A trademark is always associated with specific goods and services.

Role of Trademark Lawyer in India

Biswajit Sarkar Copyright Blog

Primarily, a trademark distinguishes the goods and services of one trader from those of others. To sum up, the role of a trademark lawyer in India involves providing a range of legal and other services in relation to the creation, registration, and maintenance of trademarks and service marks.

Trademark lawyer in India

Biswajit Sarkar Copyright Blog

Primarily, a trademark distinguishes the goods and services of one trader from those of others. To sum up, the work of a trademark lawyer involves providing a range of legal and other services in relation to the creation, registration, and maintenance of trademarks and service marks in India.

Difference Between Trademark And Design Registration In India

IP and Legal Filings

Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes. There are many types of trademarks such as product marks, shape marks, service marks, certification marks, sound marks, collective marks, pattern marks, etc.

Around the IP Blogs

The IPKat

Trade marks The EUIPO Observatory launched an awareness campaign entitled “Risks and Damages Posed by IPR Infringement in Europe”. It is part of the annual Pan-European Media Campaign and also marked World Anti-Counterfeiting Day on 8 June. These feet were made for walking.

Advertising injury coverage may exist even when gravamen of underlying complaint is TM

43(B)log

Vitamin Energy, LLC v. Evanston Ins. Co., -- F.4 th , 2022 WL 39839, No. 20-3461 (3d Cir.

Welcome Back to TM Incapability and Merely Informational USPTO Refusals

DuetsBlog

Welcome back to another edition of Merely Informational and Incapable Marks. finally was added to its menu of marks. As predicted, the USPTO found Welcome Back to be merely informational and incapable of performing a trademark function for take-out restaurant services.