TTAB Posts September 2009 Hearing Schedule
The Trademark Trial and Appeal Board has scheduled nine hearings for the month of September, 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.
September 1, 2009 - 2 PM: Johnson & Johnson v. Matthew M. Kumar and Larry D. Johnson, Opposition No. 91152039 [Section 2(d) opposition to registration of the mark DERMOGESIC for "transdermal patches for use in the treatment of post-surgical pain and pre-surgical analgesic," on the ground of likelihood of confusion with the allegedly-famous registered mark DURAGESIC for "analgesic preparations administered transdermally in the form of a bandage or patch"].
September 8, 2009 - 10 AM: In re The Wrestling Zone, Inc., Serial No. 77561949 [Whether the inclusion of the informational statement "AVAILABLE ON DVD & DOWNLOAD AND VIDEO-ON-DEMAND" on a promotional poster submitted as a specimen is sufficient to demonstrate proper service mark use of the proposed mark WEW in the sale or advertising of "pay-per-view and on demand television transmissions of live wrestling exhibitions."].
September 10, 2009 - 10 AM: In re Sony Computer Entertainment; Europe Limited , Serial No. 79045306 [Refusal to register the mark GO PUZZLE! for "computer games software; electronic games software" on the grounds of likelihood of confusion with the registered mark GO! THE GAME STORE for "retail store services featuring board games, electronic games, games of chance, collectible cards, toys and game related merchandise" [THE GAME STORE disclaimed] and on the ground of failure to disclaim the descriptive word PUZZLE].
September 10, 2009 - 11 AM: In re L.G. Electronics, Inc. , Serial No. 77046446 [Section 2(d) refusal to register the mark STEAMCHEF for "electric and gas ranges for domestic use; domestic cooking oven ranges; air conditioners for domestic use; refrigerators for domestic use; humidifiers for domestic use; electric toasters for domestic use" in view of the registered mark STEAM CHEF for "commercial non-pressurized steam food cooker" [STEAM disclaimed]].
September 10, 2009 - 3 PM: Panda Travel, Inc. v. Resort Option Enterprises, Inc., Oppositions Nos. 91174767 and 91174768 [Section 2(d) opposition to registration of the mark PANDA TRAVEL in standard character and design form for "travel agency services, namely making reservations and bookings for transportation" [TRAVEL disclaimed] based upon alleged prior use of the mark PANDA TRAVEL for "travel agency services"].
September 15, 2009 - 11 AM: In re Apollo Real Estate Acquisition LLC, Serial No. 77466914 [Section 2(d) refusal to register the mark AREA PROPERTY PARTNERS for "Private equity investment in real estate for private equity investors; management and operation of private equity funds for real estate investment" [PROPERTY disclaimed] in view of the registered mark AREA for "Consultation services in the field of public policy planning; consulting services in the field of real estate market analysis"].
September 15, 2009 - 2 PM: In re Becton, Dickinson & Company, Serial No. 77254637 [Refusal to register the product design shown below, comprising a three-dimensional configuration of a closure for medical collection tubes, for "closures for medical collection tubes" on the ground of functionality under Section 2(e)(5), or alternatively failure to function as a trademark].
September 16, 2009 - 2 PM: In re Planet Bingo, Inc., Serial No. 77445498 [Section 2(d) refusal to register the mark B! PLANET BINGO & Design for computer game programs, computer game software, gaming machines, electronic bingo games, etc. [BINGO disclaimed], on the ground of likely confusion with the registered mark B1 GAMES for computer game programs, computer game software, etc. [GAMES disclaimed].
September 24, 2009 - 10 AM: Southern Snow Manufacturing, Inc. v. Snowizard Holdings, Inc. Cancellation No. 92044522 [Petition for cancellation of a registration for the mark ORCHID CREAM VANILLA for "flavoring concentrate for non-nutritional purposes, namely, flavoring concentrate for shaved ice confections" [CREAM VANILLA disclaimed], on the alternative ground of genericness or mere descriptiveness].
Text Copyright John L. Welch 2009.