News & Analysis as of

Advertising Service Marks

Vondran Legal

Understanding the importance of Trade Dress Protection for your distinct and non-functional product designs and packaging

Vondran Legal on

What is the difference between a traditional trademark and trade dress protection? Traditional Trademarks - According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more

Haug Partners LLP

The Move to the Metaverse and Beyond Series: Basic Trademark and Branding Considerations

Haug Partners LLP on

Is it here? Not yet. But virtual performances featuring such stars as Travis Scott and Ariana Grande and attracting over 27 million unique players and 78 million viewers, respectively, suggest that it might be coming sooner...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

Knobbe Martens

Trademark Review | March 2015

Knobbe Martens on

Registration Cancelled Where Services Related to Mark Not Provided - Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more

Eversheds Sutherland (US) LLP

“Use It or Lose It”: Service Mark Registration Canceled When Application Supported Only by Advertising

On March 2, 2015, the U.S. Court of Appeals for the Federal Circuit issued its first-ever ruling addressing use requirements for registering service marks. The court held that offering a service, without the actual rendering...more

Akerman LLP

Federal Circuit Confirms That Advertising Services Is Not Use in Commerce

Akerman LLP on

In Couture v. Playdom, Inc., the Federal Circuit held that the use of a mark on a website to offer services is not use in commerce sufficient to support an actual-use service mark application. As a result, the Court affirmed...more

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

Mark It to Market - February 2014

In This Issue: - Service Marks Must be Used in Rendering of Services, Not Just Advertising - Generic Top Level Domains – Current Sunrise Periods Open - The February issue of Sterne Kessler's Mark It to MarketTM...more

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