Erik K Pelton

FEBRUARY 4, 2021

Here is a handy cheat sheet I made: ® – a.k.a “circle-R” – Registered trademark with the USPTO. TM – Unregistered mark, used with products and tangle items. SM – Unregistered service mark, used with services. One of the most common questions I get is about which symbol to use.

Trademark 162

Trademark Copyright Copyright Notice Service Mark 162

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. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted.

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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. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted.

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Service Mark Registration Trademark Advertising 52

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. In what is said to be the first, X Social Media, LLC has filed suit in the U.S.

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Social Media Trademark Service Mark Law 80

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. Patent and Trademark Office (USPTO). Instead, the services must be actually rendered in connection with the mark for a registration to be granted. ” Id.

Service Mark 52

Service Mark Registration Trademark Advertising 52

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].

Trademark Law 89

Trademark Law Trademark Law Service Mark 89

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

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 62

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. To help protect your significant investment in your intellectual property, consider the following principles before allowing third parties to use your trademarks. By: Faegre Drinker Biddle & Reath LLP

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Trademark Service Mark Intellectual Property Branding 98

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 Art Trademark 52

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. They may include-. They are as follows-.

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Trademark Service Mark Registration Registering Trademarks 71

LexBlog IP

DECEMBER 19, 2023

‘Twas a day in December, when all through the blog, we were writing ‘bout trademarks, as if in a fog. When, what to our wondering eyes should appear, but holiday trademarks, so lovely and dear. The PTO said, as it reviewed the files, we’ve got holiday trademarks, we’ve got ‘em in piles! 5361645).

Trademark 52

Trademark Registration Registering Trademarks Service Mark 52

Velocity of Content

JULY 26, 2022

But trademarks are not mentioned in that foundational document. This blog has already discussed the differences between copyright and trademark– which are, unfortunately, too frequently confused as two alternative ways of protecting non-technical IP. See discussion at this blog for a longer discussion of the differences.)

Trademark 98

Trademark Government Copyright Service Mark 98

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

IP and Legal Filings

DECEMBER 18, 2022

Trademark is a kind of intellectual property which is capable of being represented graphically, it can be any word, design, symbol, phrase, design, shape, packaging of goods etc. Trademarks are used to distinguish one person’s goods and services from that of others. certification mark etc. certification mark etc.

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Trademark Registration Intellectual Property Branding 84

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

IP and Legal Filings

OCTOBER 30, 2022

trademark and patent registrations will not protect rights holders’ IP in the Philippines. The Philippines Intellectual Property Office (IPOPHL) maintains a registry of patents and trademarks that is widely recognized in Southeast Asia. A trademark applicant may be a natural or juridical person. For example, U.S.

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Trademark Intellectual Property Registration IP 86

The TTABlog

FEBRUARY 16, 2024

A “trade name” is defined in Section 45 of the Trademark Act as “any name used by a person to identify his or her business or vocation.” A designation used merely as a trade name cannot be registered under the provisions of the Trademark Act." A designation may function as both a trade name and a trademark. 15 U.S.C. §

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Trademark Designs Design Service Mark 51

Biswajit Sarkar Copyright Blog

AUGUST 10, 2022

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. Well known trademarks are marks that have become so to a substantial segment of the public that uses such goods or services.

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Trademark Service Mark Registering Trademarks Advertising 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

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

The TTABlog

DECEMBER 13, 2021

Suuberg explained that, at the time of her trademark application filing, she had recently completed a post-baccalaureate premedical program, incorporated a non-profit organization, applied for tax-exempt status, and registered a domain name. See Stawski v. Lawson , 129 USPQ2d 1036, 1045 (TTAB 2018) (citing Brookfield Comms.,

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Service Mark Advertising Advertising Business 44

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where you need a trademark lawyer or agent to step in.

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Trademark Intellectual Property Registration Trademark Law 52

The TTABlog

OCTOBER 20, 2023

Andrusiek's identical common law mark, also for comic books. The court concluded that the Board did not abuse its discretion in construing the petition to include a priority claim based of use analogous to trademark use, and further concluded that substantial evidence supported the Board's findings regarding Andrusiek's prior use.

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Registration Trademark Service Mark Marketing 73

The IPKat

DECEMBER 14, 2023

Furthermore, Nollywood actress Ann Njemanze sued famous filmmaker Zeb Ejiro and Filmone Entertainment and Film Trybe Media for infringing on her copyright and trademark of “DOMITILLA”. Things, however, took a different turn in when Njemanze's application and registration of Domittila as a trademark were revoked by the Trademark Tribunal.

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IP Service Mark Cease and Desist Registration 83

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. The Trade Mark [sic] Act is not an act to register words but to register trademarks.

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Trademark Registration Service Mark Registering Trademarks 94

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This is where the role of trademark lawyer in India becomes crucial.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs. Trademarks and copyrights offer different protections.

Trademark 52

Trademark Copyright Intellectual Property Intellectual Property Law 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?

Trademark Law 52

Trademark Law Law Social Media Service Mark 52

IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. Trademark and design are two of the most important and popular IPRs which can sometimes be confused as the line between their differences may perhaps seem blurry.

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Registration Designs Design Trademark 64

Indiana Intellectual Property Law

AUGUST 18, 2021

Wayne, Indiana – Phoenix Intangibles Holding Company apparently licenses the getGo® trademark to Giant Eagle, Inc. According to the Complaint, Giant Eagle acquired the Rickers convenience store chain in 2018 and eventually rebranded those stores under the getGo® marks. Service Mark Registrations, Nos. Registration No.

Trademark 52

Trademark Service Mark Registration Designs 52

Kashishipr

AUGUST 10, 2021

Most frequently, a domain name dispute would arise when a domain name comparable to a registered trademark is registered by an individual or association who or that is not the trademark holder. Note that this can cover unregistered trademarks such as names of well-known personalities. (2) The Process.

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Settlement Registration Service Mark Trademark 105

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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Service Mark Marketing Marketing Designs 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.,

Service Mark 52

Service Mark Trademark Designs Design 52

LexBlog IP

JANUARY 11, 2022

There are three distinct trademark symbols you may use is the registered trademark symbol “R” (®) , the small “ TM” ( ) symbol , and the “SM” (℠) symbol. Overview: Which Trademark Symbol Should I Use? Put the ® to the upper right of your trademark. What Are Trademarks?

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Trademark Registering Trademarks Registration Copying 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]. Emphasis by the Board].

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Business Service Mark Registration Trademark 62

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 67