Kelly IP Attorneys Win Trademark Registration Fight for Playdom, Inc.

14-Feb-2014 In a ruling handed down February 3, 2014, the Trademark Trial and Appeal Board (“Board”) granted Playdom, Inc.’s petition for cancellation of the mark PLAYDOM, finding the registration void ab initio because the Registrant, David Couture, had failed to render any services under the mark before the filing of his use-based application. The Board held that simply advertising and promoting services on a website under the mark did not qualify as “rendering” of services as required under Section 1(a) of the Trademark Act. In this case, Respondent had merely registered a domain name, and posted on his website his “readiness, willingness and ability to render said services.” In granting the petition, the Board found that advertising under the mark must relate to an existing service which has already been offered and performed for the public in order to support registration of a mark under Section 1(a).
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