Monday, February 05, 2007

TTAB Posts Hearing Schedule for February 2007

The TTAB hearings scheduled for February are listed below. Wine, rum, mustard, spam, and fraud are among the topics to be discussed. Eight of the hearings will be held in the East Wing of the Madison Building. The ninth, the SPAM ARREST case, will be held on February 23rd at the PLI Seminar in New York City. [The hearing schedule (which does not include the SPAM ARREST case) may be found at the TTAB website (lower right-hand corner)].

The nine hearings scheduled for the month are:

February 6, 2007 - 2 PM: In re Marisol, LLC, Serial No. 76600374 [Section 2(d) refusal of DON THE BEACHCOMBER for rum, in view of the registered mark BEACHCOMBER for flavored rum.]

February 7, 2007 - 2 PM: Tri-Star Marketing, LLC v. Nino Franco Spumanti S.R.L., Cancellation No. 92043953 [Petition to cancel a registration for RUSTICO for wines and sparkling wines, on the ground of fraud, alleging that Respondent "has only ever used the mark on sparkling wines in the United States."]

February 13, 2007 - 10 AM: Christian Broadcasting Network, Inc. v. ABS-CBN Int'l, Cancellation No. 92044366 [Petition to cancel a registration for ABS-CBN for telephone calling card services and television broadcasting services, in view of the registered marks CBN, CBN WORLDREACH, and CBN NEWS for television broadcasting and for Christian evangelical ministerial services].

February 14, 2007 - 2 PM: In re Masonite Int'l Corp., Serial No. 78389392 [Section 2(d) refusal of CAVALIER for non-metal doors made from wood composite and solid wood components, in view of the identical mark registered for non-metal railings, guardrails, handrails, and banisters for use in and/or on buildings].

February 15, 2007 - 10 AM: In re Joyce Media, Inc. , Serial No. 76455256 [Appeal from refusal based upon Applicant's failure to comply with a disclaimer requirement as to the word "LEGAL" in the mark LEGAL DESK for "providing advisory notices to others of governmentally required legal notices taken in newspapers, magazines, other printed publications and via the global computer network."]

February 15, 2007 - 2 PM: Airflite, Inc. v. Aycock Engineering, Inc., Cancellation No. 92032520 [Petition to cancel a registration for AIRFLITE for "arranging for individual reservations for flights on airplanes," on the grounds of likelihood of confusion, lack of use prior to the filing of Respondent's application, lack of lawful use, fraud, and abandonment.]

February 20, 2007 - 2 PM: In re Video Corp., Serial No. 76611883 [Section 2(e)(1) mere descriptiveness refusal of VIDEO MESSENGER for "computer hardware and software sold as a unit for generating video images, namely, computer hardware and software that enables users to place text messages over video images."]

February 23, 2007 - 2:30 PM [PLI Institute, New York City]: Hormel Foods Corp. v. Spam Arrest LLC, Cancellation No. 92042134 [Petition for cancellation of registration for SPAM ARREST for "computer software, namely, software designed to eliminate unsolicited commercial electronic mail," on the grounds of likelihood of confusion with and dilution of the mark SPAM, registered and used for various products, including canned meat.]

February 27, 2007 - 10 AM: In re Beaverton Foods, Inc., Serial No. 76624790 [Whether Applicant may overcome a Section 2(a) geographical deceptiveness refusal of the mark NAPA VALLEY MUSTARD CO. for mustard, by establishing acquired distinctiveness under Section 2(f) before the enactment of NAFTA.]

Of course, briefs and other papers may be found at TTABVUE..

Text Copyright John L. Welch 2007.m


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