LexBlog IP

JANUARY 25, 2023

Pound Law, LLC (“Pound Law” or “Applicant”) was unable to convince the Board that its vanity phone number functions as a trademark for legal services and legal referral services. The application claimed ownership of Pound Law’s prior Supplemental Register registration for #LAW (U.S.

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The TTABlog

FEBRUARY 16, 2024

The Board affirmed a refusal to register the proposed mark EXPERIMENTAL AND APPLIED SCIENCES for “Dietary and nutritional supplements” on the ground that the mark is used solely as a trade name to identify applicant's business and therefore is not registrable. In re Hi-Tech Pharmaceuticals, Inc. See , e.g. , In re Letica Corp. ,

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LexBlog IP

JULY 12, 2021

What is the Supplemental Trademark Register, and how does it differ from the Principal Register? Officially called the “ Supplemental Register ,” it is one of two United States federal trademark registers. What is a Supplemental Register Trademark? Supplemental vs Principal Register Comparison Table.

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The TTABlog

DECEMBER 28, 2021

Examining Attorney Morgan L. The evidence supports a finding that consumers who encounter the wording ZERO MEAT in connection with Applicant’s services would immediately understand that the services rendered by Applicant ensure or certify that certain food products do not contain any meat." or free of." Pologeorgis).

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Registration Designs Design IP 80

Patent Trademark Blog

JULY 27, 2021

Is the trademark examiner a licensed attorney? Yes, trademark examiners at the USPTO are licensed attorneys at law. That is why they are called examining attorneys as opposed to trademark examiners. What are ineffective strategies for persuading trademark examining attorneys? It depends.

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Trademark Registration Licensing Copying 66

The TTABlog

SEPTEMBER 29, 2022

The Board reversed Section 2(d) refusals of the marks GAIA , GAIA KIDS , GAIA HERBS (Stylized), and GAIA HERBS (standard characters), all for supplements "in the form of gummies," finding no likelihood of confusion with the registered mark GAIA GREEN for supplements.

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The IPKat

OCTOBER 27, 2023

Further, the Examiner considered that the fact the Mark had registered in the Benelux was irrelevant. Rigo appealed.

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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." In re SP Plus Corporation , Serial No. It depends on consumer perception.

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IP and Legal Filings

APRIL 4, 2024

Additionally, the Director General is empowered to assist in investigating contraventions and examine individuals under oath with prior approval from the Commission. Excessive regulation has the ability to deter investment and impede the advancement of novel technology and services, so undermining the legislative objectives.

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Law Settlement Business Designs 63

The IPKat

DECEMBER 17, 2021

In assessing whether the mark of Schmid could be cancelled on the basis of article 7(1)(i) EUTMR, the BoA firstly examined if the PGI symbol was a symbol of particular public interest. Concluding that the BoA had failed to conduct such examination, the General Court annulled the decision of the BoA.

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The TTABlog

OCTOBER 2, 2023

27: TTAB Renders Split Decision in Appeal From Section 2(d) Refusal of IMPACT for Various Healthcare Services TTABlog Test: How Did These Three Recent 2(d) Appeals Turn Out? TTABLog Test: Is "SUNSET SUSHI & Design" Confusable with "BANSHOO SUSHI BAR & Design" for Restaurant Services? [No] Precedential No.

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Reporting Trademark Registration Designs 64

IP Intelligence

JUNE 28, 2021

Trademark examiners in the U.S. There are many benefits to working with the examiners, even though the window of opportunity is usually quite short. An examiner’s amendment should be used whenever appropriate to expedite prosecution of an application” (emphasis added).

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The TTABlog

NOVEMBER 9, 2022

Examining Attorney James Earl Sensor relied on dictionary definitions of SMART, TECH, TECHNOLOGY, and RFID, as well as on third-party registrations on the Supplemental Register and registrations on the Principal Register under Section 2(f) or with disclaimers. In re Brio AB , Serial No.

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Corsearch

AUGUST 30, 2023

See Nice Classification and the old US classification for goods and services, Vienna Classification for the classification of the figurative elements in trademarks. See also services. G&S Goods and services. The regulations for the use of the mark must be submitted officially as a part of the registration process.

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Trademark Registration Registering Trademarks Designs 52

The IPKat

NOVEMBER 14, 2023

On this occasion, the Board of Appeal also ruled on the identification of the average consumer for products in class 5 and 35 and services in class 44. It began by pointing out that it would examine the opposition based on the mark 'ia BABY interapothek', just as the Opposition Division had done.

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The TTABlog

JUNE 24, 2021

Applicant Interpage's quixotic attempt to register, on the Supplemental Register, the packaging design shown below for canned fish, ran into a TTABrick wall. The Board agreed with Examining Attorney Christopher M. Nunley that the design is de jure functional and generic. Nothing doing, said the TTAB.

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Designs Design Registration Trademark 52

LexBlog IP

NOVEMBER 3, 2023

In examining the evidence, the TTAB determined that RLP “dumped into the record a large number of documents not admissible by notice of reliance,” including its own disclosures and responses to document and discovery requests. Finally, Panini objected to a number of exhibits filed by RLP as lacking proper foundation.

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The TTABlog

APRIL 3, 2023

Section 2(a) - Deceptiveness: TTAB Affirms Two Refusals of "ROSE PETALS" for Supplements Not Containing Rose Petals Section 2(d) - Likelihood of Confusion: TTABlog Test: Is EVERWILD For Distilled Spirits Confusable With EVERCLEAR for Alcoholic Beverages? TTABlog Test: Is "SOUL FOOD MARKET" Merely Descriptive of Grocery Store Services?

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The TTABlog

DECEMBER 31, 2021

TTABlog Test: Is "SAMSUNG WIZ" for Smartphones Confusable with "THE WIZ" for Consumer Electronics Retail Services? Yes] TTABlog Test: Are Dietary Supplements Related to Skincare Products Under Section 2(d)? [Yes] TTABlog Test: How Did These Three Section 2(d) Oppositions Come Out? Lack of Bona Fide Intent: Precedential No.

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IP and Legal Filings

MAY 17, 2022

A trademark is a sign or form used to distinguish the goods, products, or services of one establishment from those of other establishments. Marks that misguide the public about the source of origin of the products or services. Examination Process. Trademark in Bahrain. ?????????A Process of registration. Requirement of Filing.

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LexBlog IP

NOVEMBER 19, 2022

Suppose that you want to register a trademark that incorporates a name of a person to identify the source of goods or services for your business. Section 1206 of the Trademark Manuel Examining Procedure (TMEP) incorporates Section 2(c) or 15 U.S.C. § Should you register your trademark with the U.S. § 1052. See 15 U.S.C. §§1052(c)

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Trademark Registration Law Business 52

The TTABlog

JUNE 15, 2021

Applicant had disclaimed PICKLE SHOT in a Supplemental Registration for the mark THE ORIGINAL PICKLE SHOT. As to the Supplemental Registration, applicant asserted that trademark rights are not static, and eligibility for registration should be determined on current facts. In re The Original Pickle Shot, Inc. , In re Cordua Rests.,

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LexBlog IP

APRIL 23, 2022

.” The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others. Each trademark must fall into one or more International Class of goods and/or services. International Trademark Class 35 – Advertising and business services. It depends.

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LexBlog IP

DECEMBER 6, 2021

If the collection sells specific goods and/or services, it may receive trademark protection. A trademark is a source indicator for specific Goods and/or Services that distinguishes it from that of others. However, the title is not associated with certain collection that shows the source from which Goods and/or Services emanate.

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LexBlog IP

DECEMBER 30, 2021

The classification system is critical because trademarks identify a source of goods and/or services that distinguish the trademark from others. Each trademark must fall into one or more International Class of goods and/or services. In fact, every good and/or service falls into at least 1 out of 45 different International Classes.

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Trademark Business Cinema Music 52

Erik K Pelton

DECEMBER 28, 2020

It is very like that a large percentage of them will be denied as failing to function to indicate the source of goods or services, or as being informational or ornamental. Hundreds of trademark applications filed this year referenced masks , COVID, quarantine, social distancing, and other pandemic topics. Looking ahead to 2021.

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Trademark All Rights Reserved Registration Branding 130

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. Finally, Pound pointed to its ownership of a 15-year old registration for #LAW on the Supplemental Register.

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43(B)log

FEBRUARY 23, 2024

In 80 cases Office decides not to go forward for insufficient evidence of expungement, though they then proceed with their own action including evidence dug up by Examiner. Post-registration audit percentages have very different numbers; they choose about 5000 registrations/year and about half end up deleting goods/services.

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Registration Branding Brands Branding 59

SpicyIP

OCTOBER 10, 2023

While traditionally, Europe and US have made the Internet Service Provider bear the cost as part of the cost of enforcement, the United Kingdom has taken a different approach. the UK Supreme Court made it mandatory to for the rights-holder to compensate the Internet Service Provider for the cost of enforcement.

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Intellectual Property Copyright Infringement Copyright Technology 72

Plagiarism Today

SEPTEMBER 14, 2022

Through a pair of companies he co-founded with UG geneticist Robert Hanner, Newmaster provided those services to at least three major supplementmakers. However, doubts about his work began to pile up. It was then that a formal investigation began.

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Journalism Plagiarism Publishing Public Domain 174

The TTABlog

SEPTEMBER 28, 2021

The USPTO refused to register the proposed mark MULTI-GRIP on the Supplemental Register, finding it to be generic for manually-operated resistance and stretch bands for physical therapy and exercise. The Board disagreed, however, with his assertion that Examining Attorney Julie M. Coleman Co. ,

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The TTABlog

JANUARY 31, 2022

Applicant Harbor Hemp applied to register the mark HARBOR HEMP COMPANY in standard character and design form (below), for non-medicated skin preparations (Class 3), dietary and nutritional supplements (Class 5), and electronic cigarettes (Class 34), all "containing legally produced industrial hemp extract." pdf here ). Text Copyright John L.

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Registration Trademark Law Designs 52

The IPKat

OCTOBER 2, 2023

However, there is also considerable excitement that LLM may revolutionize many types of service industry, including the legal profession. After all, ChatGPT is reportedly capable of passing the US bar exam. However, on closer inspection, this text will often be extraordinarily generic and lacking in substance.

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LexBlog IP

APRIL 27, 2022

Of the four types of trademarks, fanciful trademarks receive the most protection from trademark infringement since: they did not previously exist in connection with the sale of a good or service; and, carry no prior meaning. All goods and/or services fall into one of 45 different Classes (excluding special use case Classes).

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Trademark Branding Brands Branding 52

LexBlog IP

AUGUST 15, 2022

” The rationale for this is that government insignia should not be registered as symbols of origin for commercial goods and services and should be kept solely to signify the government. Source: Op. 2 Source: Op.

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LexBlog IP

FEBRUARY 16, 2023

Comment: This article (along with Article 21) serves as the basis for a limited refiling prohibition focused on marks that are the same as prior marks that designate identical goods or services (details set out in Article 21). It also adds “or other elements” to the list of signs that can comprise registered trademarks.

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Trademark Law Trademark Law Registering Trademarks 40

DuetsBlog

MAY 4, 2020

For example, when conditions warrant, it may be wisest to file just a single application narrowly, dipping a toe in so to speak, only to dive in later once the waters of examination and third-party interest have been tested. Brand owners, when preparing to launch a new brand, do you prefer a series or parallel approach to trademark clearance?

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