TTAB Posts May 2011 Hearing Schedule
The Trademark Trial and Appeal Board has scheduled five (5) oral hearings for the month of May, 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.
May 10, 2011 - 2 PM: PerkinElmer Health Sciences , Inc. v. Atlas Database Software Corp., Cancellation No. 92046554 [Petition for cancellation of a registration for the mark LABWORKS for software and services relating to "medical records, patient information, clinical histories, clinical task workflow, radiology and laboratory test ordering and results reporting, and providing remote access to the foregoing between users," in view of the identical mark allegedly previously used for goods and services concerning laboratory test ordering and results reporting].
May 11, 2011 - 11 AM: In re Fire Island Brewing Company, LLC, Serial Nos. 77696816 and 77696805 [Refusals based on Applicant's failure to disclaim FIRE ISLAND in the word mark FIRE ISLAND BEER COMPANY LIGHTHOUSE ALE and the logo mark shown below, for "ale; beer"].
May 19, 2011 - 10 AM: In re PBM Products, LLC , Serial No. 77677746 [Section 2(e)(1) mere descriptiveness refusal of COLIC RELIEF for infant formula].
May 31, 2011 - 11 AM: In re Johnson Controls, Inc., Serial No. 77612039 [Refusal to register, under Sections 1, 2, and 45, the product configuration shown below for "electromechanical temperature control device for HVAC systems," on the ground that the proposed mark lacks acquired distinctiveness].
May 31, 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].
Text Copyright John L. Welch 2011./