TTAB Posts August 2009 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled nine hearings for the month of August, 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.


August 4, 2009 - 10 AM: Tempur-Pedic International, Inc., et al. v. Denver Mattress Co., LLC, Opposition No. 91169165 [Opposition to registration of the mark SWEDISH LUXURY for mattress, box springs, furniture, and related retail services ("SWEDISH" disclaimed), grounded on Section 2(d) [likelihood of confusion with the registered mark SWEDISH SLEEP SYSTEM for identical or related goods and services (SLEEP SYSTEM disclaimed)], and Section 2(e)(3) [primarily geographically deceptively misdescriptive]].


August 4, 2009 - 2 PM: In re World's Finest Chocolate, Inc., Serial No. 78582690 [Section 2(d) refusal to register the mark MOCHACCINO MELTAWAYS (MOCHACCINO disclaimed) for candy in view of the registered mark CAPPUCCINO MELTAWAYS for candies].


August 5, 2009 - 10 AM: In re Zinpro Corporation, Serial No. 77419601 [Section 2(d) refusal to register the mark PERFORMINS for "dietary supplements, namely, vitamin and mineral supplements for human consumption," in view of the registered mark PERFORMANCE for "nutritional food supplement for human consumption"].

August 5, 2009 - 10:30 AM: In re Tires, Tires, Tires, Inc., Serial No. 77091459 [Refusals to register the term TIRES TIRES TIRES for "retail tire store" on the ground of genericness or, alternatively, mere descriptiveness].


August 11, 2009 - 11 AM: In re White Rock Distilleries, Inc., Serial No. 77093221 [Section 2(d) refusal to register the mark VOLTA for "energy vodka infused with caffeine," in view of the registered mark TERZA VOLTA for "sparkling fruit wine, sparkling grape wine, sparkling wine and wines]".


August 20, 2009 - 2 PM: In re Gilbert Hospital, LLC, Serial No. 77070847 [Section 2(d) refusal of DOOR TO DOC IN 31 MINUTES for "hospital services, namely, emergency services and acute care services," based upon the registered marks DOOR TO DOC and 60 TO 0 DOOR TO DOC for "consultation services in the field of health care, namely, providing assistance to health care facilities by improving the flow and overall care quality of patients in emergency room and ambulatory care facilities"].


August 25, 2009 - 10 AM: United Industries Corporation d/b/a Spectrum Brands v. OMS Investments, Inc., Opposition No. 91158240 [Opposition to registration of ANT-STOP for "pesticides for domestic use," on the grounds of abandonment and likelihood of confusion with an alleged family of "STOP" marks for lawn and garden products].


August 26, 2009 - 11 AM: In re In re JLG Industries, Inc., Serial No. 76651189 [Section 2(d) refusal to register a color mark (orange and cream) shown left below, in view of the registered color mark (orange) shown below right, both for "golf clubs"].


August 27, 2009 - 2 PM: In re FPS Food Processing Systems, B.V., Serial No. 79014310 [Section 2(d) refusal to register the mark POWERVISION for "agricultural sorting and selection systems comprised of computer hardware, computer software, and cameras," in view of the identical mark registered for "machine vision systems, namely an inspection camera, computer hardware and computer software used for manufacturing and industrial automation, and user manuals sold therewith"].

Text Copyright John L. Welch 2009.