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"THE NEXT MOVE IS YOURS" Fails to Function as a Service Mark for Real Estate Services, Says TTAB

The Board affirmed a refusal to register the proposed mark THE NEXT MOVE IS YOURS for "real estate agency services, real estate brokerage, real estate management, leasing of real estate," on the ground that the phrase fails to function as a mark under Section 1, 2, 3, and 45 of the Trademark Act. Applicant contended that THE NEXT MOVE IS YOURS is similar to registered slogan marks (such as EAT FRESH) in that it is often used by others, conveys information, suggests an action, and functions as a trademark. The Board was not moved. In re Douglas Elliman Realty, LLC, Serial No. 88640177 (September 4, 2020) [not precedential] (Opinion by Judge Cheryl S. Goodman).Third-party useThe question for the Board was "whether the relevant public, i.e. purchasers or potential purchasers of Applicant?s services, would perceive THE NEXT MOVE IS YOURS as identifying Applicant?s services and their source or origin...continue to full post

Full post as published by The TTABlog on September 09, 2020 (boomark / email).