Posts Tagged: "cancellation proceeding"

APPLE JAZZ Trademark Owner Strikes Out in Latest TTAB Ruling

The Trademark Trial and Appeal Board (TTAB) on Wednesday, March 20, denied APPLE JAZZ mark owner Charles Bertini’s petition to cancel Apple, Inc.’s mark APPLE for entertainment services. While the Board found that Bertini had “proven and maintained his entitlement to a statutory cause of action,” it ultimately held that he had failed to make a prima facie showing of Apple’s abandonment of the APPLE mark for those services.

TTAB Must Consider ‘Fame’ of Trademark Using Totality of Circumstances

The Federal Circuit vacated and remanded the Trademark Trial and Appeal Board’s decision to deny the trademark cancellation petition, finding that the Board used an incorrect standard for “fame” in its likelihood of confusion analysis… The Court rejected the Board’s all-or-nothing analysis, holding that it must consider all of the relevant confusion factors, on a scale appropriate to their merits, under the totality of the circumstances. It explained that the proper legal standard for evaluating the fame of a mark is the class of customers and potential customers of a product or service, not the general public…

Progressive house DJ deadmau5 targeted in trademark suit by Meowingtons cat-themed apparel retailer

Meowingtons is seeking to prevent Zimmerman from using a series of marks employing the term “MEOWINGTONS” as well as the destruction of all physical and digital goods using those marks, including websites and social media profiles. Meowingtons also seeks a declaratory judgment that it is the senior user of the “MEOWINGTONS” mark… This action arise out of a petition for cancellation filed by Zimmerman near the end of last December at the Trademark Trial and Appeal Board (TTAB). Zimmerman sought the cancellation of U.S. Trademark Registration No. 4711265, filed July 2014 to cover the use of the “MEOWINGTONS” mark for retail store and online retail store services featuring cat themed accessories and clothing.

Trademark Process: Obtaining and Keeping a U.S. Trademark

When seeking to obtain a United States trademark there are a number of different steps to the process, and even after the trademark has issued there are several key events that must be planned for in order to continue to maintain the trademark in good standing. Before moving forward to elaborate it is vitally important to understand that once you file a trademark application it will be necessary to promptly respond to any inquiries made or issues raised by the Trademark Office, which will come from a trademark examining attorney. Likewise, to preserve the trademark in good standing there will be additional steps that you must take after the trademark has issued.