TTAB Posts October 2009 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled seven (7) hearings for the month of October, 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.


October 6, 2009 - 10 AM: Oreck Holdings, LLC v. Bissell Homecare Inc., Opposition No. 91173831 [Opposition to registration of HEALTHY HOME VACUUM for vacuum cleaners on the alternative grounds of Section 2(e)(1) mere descriptiveness and genericness].


October 14, 2009 - 2 PM: Citigroup Inc. v. Capital City Bank Group, Inc., Opposition No. 91177415 [Section 2(d) opposition to registration of the marks CAPITAL CITY BANK, CAPITAL CITY BANC INVESTMENTS, CAPITAL CITY BANK GROWING BUSINESS, and CAPITAL CITY BANK INVESTMENTS for banking services, in view of the registered mark CITIBANK for banking services].


October 15, 2009 - 11 AM: Gilmar S.p.A. v. BBC Ice Cream, LLC, Opposition No. 91158491 [Section 2(d) opposition to ICE CREAM for "Clothing, namely, jackets, coats, parkas, raincoats, blazers, blouses, shirts, t-shirts, skirts, dresses, trousers, jeans, shorts, sweaters, cardigans, scarves and belts; footwear; headwear, " on the ground of likelihood of confusion with Opposer's registered marks ICE, ICEBERG, and various other ICE-FORMATIVE marks for clothing items].

October 20, 2009 - 2 PM: Johnson & Johnson v. Klearsen Corporation, Oppositions Nos. 91173864 and and 91173865 [Opposition to registration of E-BANDAGE and ELECTRONIC BANDAGE for "A topical bandage with an iontophoretic generator built in which uses a current derived from a battery or other power source to drive a coating or material from the contact pad of the bandage into the skin, lesion or wound area to facilitate in the treatment of severe burns, diabetic foot ulcers, large area infections, warts and other skin conditions" on the alternative grounds of genericness and mere descriptiveness].


October 22, 2009 - 10 AM: In re Milwaukee Institute, Inc. , Serial No. 77476467 [Section 2(e)(2) refusal to register the mark US PATIENT REGISTRY for "providing a database of health and medical information" on the ground that the mark is primarily geographically descriptive of the origin of the services].

October 22, 2009 - 2 PM: In re Midmark Corporation, Serial No. 77423553 [Section 2(e)(1) mere descriptiveness refusal to register the mark CANTILEVER FORWARD for "dental chairs"].

October 27, 2009 - 11 AM: In re E.A. Sween Company, Serial No. 77048091 [refusal to register DELI EXPRESS SAN LUIS in standard character form for "burritos; snack cakes; and snack rolls, namely, sweet rolls" on the ground that the drawing does not match the specimen].


Text Copyright John L. Welch 2009.