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Trademark Registration Service Marks Trademarks

McDermott Will & Emery

Recipe for Rejection: Trademark Application Burnt by Specimen Flaws

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The Trademark Trial & Appeal Board issued a precedential decision affirming a refusal to register a mark because there was no direct association between the specimen and the applied-for services. In re Gail Weiss, Serial No....more

Seyfarth Shaw LLP

New Ruling Expands Trademark Owners’ Rights in Retail Space

Seyfarth Shaw LLP on

Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in...more

Dunlap Bennett & Ludwig PLLC

Registered Vs. Unregistered Trademarks: What Businesses Need To Know

Trademarks — which can include words, phrases, symbols, designs, or a combination of these things — play a crucial role in establishing and protecting a brand’s identity: they help ensure that consumers can reliably identify...more

Whiteford

Understanding the Basics: What are Trademarks and Service Marks?

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In the realm of professional associations, establishing a strong and recognizable brand is crucial. Trademarks and service marks are essential tools that not only protect your association's brand but also enhance its...more

Willcox & Savage

A Proposed Mark Must Have A Source Identifying Function: Trademark Denied For “Keep America Great!”

Willcox & Savage on

In a non-precedential opinion; In re America in Harm’s Way; Serial No. 87976064, issued on November 30, 2023, the United States Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”), decided the issue of...more

Morrison & Foerster LLP

Don’t Miss The Mark: Complying with New Address for Service Rules for UK Trade Marks

Morrison & Foerster LLP on

We would like to bring to your attention that there are new “address for service” rules coming into effect on 1 January 2024 at the UK Intellectual Property Office (UKIPO) which may have an impact on your trade mark...more

Levenfeld Pearlstein, LLC

Intellectual Property Primer Series: Trademark Basics

A trademark can be any word, name, symbol, or device (such as a logo, picture, slogan, color, shape, sound, etc.), including combinations of these elements. The key function of a trademark is to identify and distinguish the...more

Dunlap Bennett & Ludwig PLLC

Trademark Specimen Requirements

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...more

Dunlap Bennett & Ludwig PLLC

The International Registration Of The Madrid System (WIPO)

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...more

Fox Rothschild LLP

The TTAB: Service Mark Use Requires More Than Just Preparation

Fox Rothschild LLP on

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...more

McDermott Will & Emery

Use is ACTUALLY Measured by Benefit

McDermott Will & Emery on

Addressing whether a service mark owner had established a protectable interest in his marks through actual or analogous use, the US Court of Appeals for the 10th Circuit reversed in part the district court’s grant of summary...more

Lathrop GPM

USPTO Implements COVID-19 Prioritized Examination Program for Trademarks and Service Marks

Lathrop GPM on

On June 15, 2020, the United States Patent and Trademark Office (USPTO) announced a new program to provide prioritized examination for certain trademark and service mark applications that cover qualifying COVID-19...more

International Lawyers Network

“...For me? As what? Tough guy? I don’t need tough guys. I need more lawyers...”: Intellectual Property Law In Criminal Matters

There is a popular vintage Harley Davidson t-shirt that says “Tough Guys Finish First.” That may be true. But, sometimes, to finish first, one does not need more tough guys; one needs more lawyers, as a crime-related matter...more

Dorsey & Whitney LLP

#TidalTuesday #UseInCommerce #RegistrationFail

Dorsey & Whitney LLP on

A recent decision by the Trademark Trial and Appeal Board in Tidal Music AS v. The Rose Digital Entertainment LLC (Opp. No. 91232127) confirms the importance of ensuring proper use of a service mark before filing an...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Opportunity May Not Knock Without the Right Door

When seeking particular services, consumers are often drawn into a business based on branding and advertising found near the location – whether by signage on or around the establishment, or by glimpses of the services being...more

Snell & Wilmer

Trademarks, Service Marks, and Trade Dress: Key Facts and Pitfalls to Avoid

Snell & Wilmer on

1. The Difference Between a Trademark, Service Mark, and Trade Dress. A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Saying It YOUR Way, On THEIR Website: Not a Registrable Service

When you create a social media profile on a platform such as Twitter, and engage with other Twitter users, are you creating your own online community? This question was at the heart of the TTAB's recent precedential decision...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

How May We Help You? When is a Service Not a Service?

Brand owners seeking federal protection for their service marks from the U.S. Patent and Trademark Office ("USPTO") often struggle with how to define their services in the application. While the Trademark Act defines...more

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