TTAB Posts December 2011 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled six (6) oral hearings for the month of December, 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.


December 6, 2011 - 2 PM: In re Navy Command Service Exchange ("NEXCOM"), Serial No. 77324270 and 77324266 [Refusal to register the two marks shown below for clothing and fabrics on the ground that the background design or pattern of "irregular block-shaped pixels in a four-color pattern of black, deck grey, light grey, and navy blue” is functional under Section 2(e)(5) (and in the first mark, must be disclaimed].


December 6, 2011 - 2:30 PM: In re Navy Command Service Exchange ("NEXCOM"), Serial Nos. 77160763, 77160783, and 77160754 [Refusal to register the three marks shown below for clothing on the ground that the background design or pattern of "irregular block-shaped pixels in a four-color pattern of black, deck grey, light grey, and navy blue” is functional under Section 2(e)(5)].


December 7, 2011 - 10 AM: In re Beuno Alimentos, S.A. de C.V., Serial Nos 76676618 [Section 2(d) refusal to register the mark COCO LOCO for fruit juices in light of the registered mark COCO LOCO ESPRESSO & Design for coffee and tea].


December 7, 2011 - 11 AM: In re Repligen Corporation, Serial No. 77933539 [Section 2(d) refusal to register the mark OPUS for chromatography chemicals and media, chromatography columns, cartridges, and systems, in view of the identical mark registered for "laboratory apparatus, namely, automated, electronic and handheld dispensers of fluid, displacement-dosers of fluid, pipettes and titrators, all for laboratory purposes"].


December 7, 2011 - 2 PM: In re Northside Imports, Inc., Serial No. 77440023 [Section 2(d) refusal to register the mark HH HUDSON PRODUCTS & Design for automotive parts (first below), in view of the registered marks RL HUDSON, in standard character and design form (second below), for automobile and engine parts].



December 8, 2011 - 11 AM: In re Hershey Chocolate & Confectionery Corporation, Serial No. 77809223 [Refusal to register the configuration of a candy bar, shown below, on the ground of functionality under Section 2(e)(5), and alternatively on the ground that the proposed mark lacks acquired distinctiveness].


Text Copyright John L. Welch 2011.