TTAB Posts April 2009 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled eight hearings for the month of April, as listed below. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. [The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. Briefs and other papers for these cases may be found at TTABVUE via the links provided.


April 7, 2009 - 2 PM: In re Dietrich, Serial No. 78723912 [Refusal to register the product design shown below for bicycle wheels on the ground of Section 2(e)(5) functionality, or alternatively on the ground of lack of acquired distinctiveness].


April 8, 2009 - 10 AM: Karl Storz Imaging, Inc. v The Imaging Group, LLC, Opposition No. 91169802 [Section 2(d) opposition to registration of the mark IMAGEONE for "radiology imaging, specifically; general plain film, diagnostic, CAT scan, mammography, MRI, ultrasound, and interventional imaging" in view of the registered mark IMAGE1 for electronic imaging equipment for industrial, scientific, and medical use].

April 21, 2009 - 10 AM: In re Carlson, Serial No. 78752616 [Section 2(e)(1) mere descriptiveness refusal to register the mark URBANHOUZING for "real estate brokerage; real estate consultation; and real estate listing"].


April 21, 2009 - 11 AM: In re Mighty Leaf Tea, Serial No. 76678969 [Section 2(d) refusal to register the mark ML for "personal care products and skin care preparations, namely, skin soap, body wash, foam bath, body lotion, body scrub, bath salts and massage oil; potpourri; incense" in light of the registered mark ML MARK LEES for "skin care products, namely, skin cleanser, skin toner, skin cream, skin lotion, skin mask gel, make-up foundation, powder and blush"].

April 21, 2009 - 2 PM: In re Federal Cartridge Company, Serial No. 78546549 [Refusal to register the "deer antler" design mark shown immediately below, for ammunition, on the ground that the design is merely ornamental and fails to function as a trademark].


April 23, 2009 - 2 PM: AQFTM, Inc. v. Austinuts, Oppositions Nos. 91166551 and 91166552 [Section 2(d) opposition to registration of the marks AUSTINUTS in standard character and design form, for nuts, in view of the mark AUSTIN, in standard character and design form, for crackers and cookies, including crackers with peanut butter].


April 30, 2009 - 11 AM: In re Interactive Media Communications, Serial No. 76668415 [Appeal from requirement for disclaimer of the term "strippersociety.com" in the mark shown below [but in black and white], for "Computer services, namely, hosting online web facilities for members for interactive discussions; computer services in the nature of customized web pages featuring user-defined information, personal profiles, photographs and information; providing a search engine for members to locate other members"].


April 30, 2009 - 2 PM: Sarnafil, Inc. v. Hamlin, Opposition No. 91163904 [Section 2(d) opposition to SMARTROOF.COM & Design for roofing installation, in view of the registered mark ENERGYSMART ROOF in standard character and design form, for "roof membranes for low-slope and steep-slope roofing applications"].


Text Copyright John L. Welch 2009.