TTAB Posts April 2011 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled nine (9) oral hearings for the month of April, as listed below. The first eight hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia, and the ninth at Northeastern Univ. School of Law in Boston. [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 5, 2011 - 2 PM: In re Oakton Press, Inc., Serial No. 77221836 [Refusal of CONSUMERAFFAIRS.COM for "business investigations and business information services in the field of business and trade practices for protecting responsible business and the public against abusive business practices and for establishing and maintaining legitimate advertising and merchandising practices" on the ground of genericness, or in the alternative, mere descriptiveness].

April 6, 2011 - 2 PM: In re The LETCO Group, LLC, Serial No. 77541687 [Section 2(d) refusal of LIVING EARTH for "soil amendments; potting soil; planting soil" in view of the registered mark LIVING SOIL for "planting soil, namely, planting mix," and further because of Applicant's refusal to disclaim EARTH].


April 12, 2011 - 2 PM: In re Midwestern Pet Foods, Inc., Serial No. 77327252 [Section 2(d) refusal to register KITTY NIBBLES for cat treats in view of the registered mark KITTEN LI'L NIBBLES for cat food and cat treats].


April 14, 2011 - 2 PM: Swiss Watch International, Inc. v. Federation of the Swiss Watch Industry, Cancellation No. 92046786 [Petition for cancellation of registrations for SWISS and SWISS MADE as certification marks for watches, clocks, and their component parts and fittings, on various grounds, including abandonment, fraud, and improper use of the marks, and failure to comply with statutory provisions governing certification marks].



April 20, 2011 - 11 AM: In re Apple, Inc., Serial No. 77219819 [Appeal from refusal to accept Applicant's evidence of acquired distinctiveness for the mark MULTI-TOUCH for "handheld mobile digital electronic devices with electronic mail, digital data transmission, audio player, video player, handheld computer, personal digital assistant, electronic organizer, electronic notepad, telephone, computer gaming, and camera functions"].


April 20, 2011 - 2 PM: In re Retail Brand Alliance, Inc., Serial No. 77049126 [Refusal of BLACK FLEECE for various clothing items not made of fleece, on the grounds of Section 2(e)(1) deceptive misdescriptiveness and Section 2(a) deceptiveness].



April 26, 2011 - 11 AM: Top Tobacco LC v. North Atlantic Operating Co., Inc., Opposition No. 91157248 et al. [Consolidated opposition to CLASSIC AMERICAN BLEND in standard character and design form for cigarettes, smoking tobacco, and related products [AMERICAN BLEND disclaimed], on the ground of likelihood of confusion with the registered mark CLASSIC CANADIAN for tobacco [CANADIAN disclaimed]; and petition for cancellation of a registration of ZIG ZAG CLASSIC AMERICAN BLEND for smoking tobacco on the same Section 2(d) ground and on the ground of non-use].


April 27, 2011 - 2 PM: In re Cigars International, Inc., Serial No. 77262426 [Section 2(e)(1) mere descriptiveness refusal of MEGA-SAMPLER for cigars].


April 29, 2011 - 2 PM: Lockheed Martin Corporation v. Raytheon Company, Opposition No. 91167189 [Opposition to registration of PAVEWAY for laser-guided bombs, on the ground of genericness].


Text Copyright John L. Welch 2011.