Monday, October 03, 2011

TTAB Posts October 2011 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled ten (10) oral 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 4, 2011 - 2 PM: In re Bottega Veneta International S.a.r.l., Serial No. 77219184 [Refusal to register the mark depicted below, consisted of "the configuration of interlaced woven strips of leather forming a repeating weave pattern used over all or substantially all of the goods," for wallets, purses, and other leather goods, on the grounds of aesthetic and utilitarian functionality, mere ornamentality, and lack of acquired distinctiveness].

October 5, 2011 - 2 PM: Companhia de Bebidas das Americas v. The Coca-Cola Company, Opposition No. 91178953 [Consolidated Section 2(e)(1) opposition to several applications filed by Coca-Cola for marks containing the word ZERO for beverages, on the ground that ZERO is merely descriptive and lacks secondary meaning].

October 18, 2011 - 10 AM: In re Sonex Research, Inc., Serial No. 77435929 [Section 2(d) refusal of SONEX for "internal combustion engines for manned aerial vehicles and systems," in view of the identical mark registered for "aircraft, and aircraft kits comprised of aircraft parts and plans to build complete aircraft"].

October 18, 2011 - 11 AM: In re Duane Rainville Demers, Serial No. 76664409 [Refusal to register ORPHAN'S FUND FOUNDATION for "WILDFLOWERS-- AN EDUCATIONAL FUND FOR HIGHER EDUCATION" [sic!] on the grounds that the mark is merely descriptive of the services and the recitation of services is indefinite].

October 18, 2011 - 2 PM: In re Pittsburgh Glass Works, LLC, Serial No. 77484850 [Section 2(e)(2) refusal of PITTSBURGH GLASS WORKS for "glass and laminate windshield and windows for vehicles excluding aircraft" on the ground that mark is primarily geographically descriptive].

October 19, 2011 - 2 PM: In re Coty US LLC , Serial No. 77631330 [Section 2(d) refusal of TEMPEST for "Perfumery, namely, perfume, perfumed soaps, eau de toilette, perfumed body wash, and perfumed shower gel," in view of the identical mark registered for "indoor tanning preparations"].

October 20, 2011 - 11 AM: In re Microsoft Corporation , Serial No. 78863190 [Refusal to register WINDOWS RALLY for "Computer software for managing network communications; computer software for connecting computers, computer peripherals, digital cameras, cell phones and software application programs to computer networks; and computer software for managing power supplies for computers," on the following grounds: (1) improper broadening of the identification of goods by amendment; (2) failure to provide a proper specimen of use; (3) failure to respond completely to a Rule 2.61(b) request for information; and (4) failure to disclaim the descriptive term "windows"].

October 20, 2011 - 2 PM: PRL USA Holdings Inc. v. Thread Pit, Inc., Cancellation No. 92047436 [Petition for cancellation of a registration for the mark shown below for "wearing apparel, namely, jackets, sweatshirts, sweat pants, hats, scarves, jerseys, jeans, turtlenecks, and bikinis," on the grounds of likelihood of confusion with, and likely dilution of, Petitioner's allegedly-famous "polo player" design mark, for various clothing items].

October 25, 2011 - 2 PM: In re Staples The Office Superstore LLC, Serial No. 78411419 [Section 2(d) refusal to register ONE.TOUCH for "non-electric staplers and hole punchers," on the ground of likelihood of confusion with the registered mark ONE-TOUCH for ring binders].

October 27, 2011 - 2 PM: In re Ben Thrasher, Serial No. 77509917 [Section 2(d) refusal to register BENTHRASHER for "Clothing, namely, jackets, coats, shirts and pants" in view of the registered marks THRASHER and THRASHERS for various clothing items].

Text Copyright John L. Welch 2011.


At 5:21 PM, Anonymous Anonymous said...

Grab a drink and please read applicant's appeal brief on the Orphan's appeal noted above.

At 11:26 AM, Anonymous Anonymous said...

Sometimes I am glad I am not a judge.

At 10:34 PM, Anonymous Jessica said...

All that effort for just one orphan?


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