Posts Tagged: service marks


Guideposts for Determining Whether a Mark is Functioning as a Trademark

Under the Lanham Act, a trademark is any combination of words, names, symbols, or devices that are used to identify and distinguish goods or services and to …
By Theodore Chiacchio
9 months ago 0

Santa Claus Trademark: A Legal Opinion

Dear Mr. Claus: You recently contacted this office to confirm the availability of your proposed "SANTA CLAUS" trademark for use in your business and, if this mark …
By Howard Zaharoff
3 years ago 4

Trademark a Band Name: What’s in a Rock Band’s Name?

While it is possible to copyright the design of a band logo, the band name itself is not copyrightable (see here and here). Band names are protectable …
By Amanda G. Ciccatelli
4 years ago 0

Federal Circuit Affirms Service Mark is Owned by Group, Not by Departing Group Member

In Lyons v. American College of Veterinary Sports Medicine the Federal Circuit affirmed the Trademark Trial and Appeal Board’s (“Board”) cancellation of Sheila Lyons’s registration …

#UNDECIDED: Trademark Protection for Hashtags

Can a hashtag be a protectable trademark? And when does use of another’s trademark in hashtags constitute infringement? Disagreement has arisen among the United States Patent …
By David Kohane
5 years ago 1

Trademark Skullduggery: Lawsuit Challenges Publication Service

Leason Ellis LLP, an intellectual property law firm located in White Plains, New York, recently filed a complaint against USA Trademark Enterprises, Inc. of Sarasota, Florida. The …
By Gene Quinn
9 years ago 21