Saturday, March 31, 2007

TTAB Posts April 2007 Hearing Schedule

The seven TTAB hearings scheduled for April are listed below. As usual, likelihood of confusion issues predominate, some more interesting than others. The alleged mark STEELBUILDING.COM has surfaced again, this time in altered guise. And the Board will be introduced to the ubiquitous HELLO MY NAME IS name tags, the question being whether that phrase functions as a mark. The hearings will be held in the East Wing of the Madison Building. [The hearing schedule may be found at the TTAB website (lower right-hand corner)].

April 12, 2007 - 2 PM: In re King Beverage Indus. Ltd., Serial No. 75912958 [Section 2(d) refusal of GOLDEN EAGLE for "coffee; tea; coffee, cocoa or tea based beverages," in light of the identical mark registered for restaurant services and carry-out restaurant services].

April 17, 2007 - 2 PM: Wrangler Apparel Corp. v. Quicksilver, Inc., Opposition No. 91158458 [Section 2(d) opposition to registration of the mark QUIKSILVEREDITION for sports bags and other class 18 goods, based upon Opposer's alleged prior use of the mark SILVER EDITION for clothing].

April 18, 2007 - 11 AM: In re, Inc., Serial Nos. 76280389 and 76280390 [Appeal from a requirement that Applicant disclaim "STEELBUILDING.COM" in the marks STEELBUILDING.COM & Design and STEELBUILDING.COM THE FUTURE OF METAL BUILDINGS, for "computerized on-line retail services in the field of pre-engineered steel buildings and roofing," on the ground that the term is merely descriptive and that Applicant's Section 2(f) evidence was inadequate]. [TTABlog Note: See the CAFC's decision in a companion case (here), holding that the term STEELBUILDING.COM is not generic for Applicant's services, but is merely descriptive and lacks secondary meaning.]

April 18, 2007 - 2 PM: Diamonique Corp. v. Diamonair USA, Inc., Opposition No. 91163668 [Section 2(d) opposition to DIAMONICE for jewelry, based up the registered mark DIAMONIQUE for jewelry].

April 24, 2007 - 10 AM: In re Avery Dennison Corp., Serial Nos. 78564892 and 78563257 [Refusal of the phrase HELLO MY NAME IS in standard character and design form (below) for "paper name tags and paper labels" on the ground that the phrase is merely informational and does not function as a trademark].

April 24, 2007 - 2 PM: In re XE Capital Management LLC, Serial No. 78509295 [Section 2(d) refusal of XE SELECT for "financial services for sophisticated investors, namely, offering hedge fund and fund of funds investment products," in view of the registered mark XE for "currency exchange services through a global computer network"].

April 26, 2007 - 10 AM: ProMark Brands, Inc. v. Schwan's IP, LLC, Opposition No. 91159653 [Section 2(d) opposition to registration of SMARTPIZZA for pizza, in light of the mark SMART ONES, registered and used for pizza, frozen desserts, and frozen entrees].

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

Text Copyright John L. Welch 2007.m


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