United States Federal Circuit

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Couture v. Playdom, Inc., 14-1480

Decision of the Trademark Trial and Appeal Board granting a petition by appellee Playdom to cancel appellant Couture's PLAYDOM service mark is affirmed, where: 1) to qualify for registration, the Lanham Act requires that the mark be both used in the sale or advertising of services and that the services themselves have been rendered in interstate or foreign commerce; 2) rendering services requires actual provision of services; 3) there is no evidence in the record showing that Couture rendered services to any customer before 2010, and therefore cancellation of Couture's registration of PLAYDOM was appropriate; and 4) the Board did not err in refusing to grant Couture's request to amend the basis of the application, as 37 C.F.R. section 2.35(b) contemplates substitution of a basis in an application during the pendency of an application, not after registration.

Appellate Information

  • Decided 03/02/2015
  • Published 03/02/2015

Judges

  • Dyk

Court

  • United States Federal Circuit

Counsel


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