Monday, April 02, 2012

TTAB Posts April 2012 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled eight (8) oral hearings for the month of April, 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.

April 10, 2012 - 10 AM: Virgin Enterprises Limited v. Steven E. Moore, Opposition No. 91192733 [Sections 2(d) and 43(c) (blurring) opposition to VIRGINFARMS & Design for "agricultural grains for planting; agricultural seeds; bulbs for agricultural purposes; plantable seed paper comprised primarily of seeds for agricultural purposes; seeds for agricultural purposes; spores and spawn; unprocessed seeds for agricultural use" [VIRGINFARMS disclaimed] in view of the allegedly famous mark VIRGIN for various goods and services].

April 12, 2012 - 10 AM: In re Wet Technologies, Inc. , Serial No. 77135323 [Refusal to register the mark shown immediately below absent a disclaimer of WET TECHNOLOGIES, for "particle blast cleaning machines; machine tools for water blasting, descaling, derusting, wet lapping, wet peening, slurry processing, and deburring; wet etching machines; Rust removal; Water blasting services; particle blasting services; metal finishing; wet peening; slurry processing; wet etching of metals; wet lapping; processing of metals, namely, mechanical descaling"].

April 17, 2012 - 10 AM: In re Adams Mfg. Corp., Serial No. 85025503 [Refusal to register the product configuration shown below for "plastic suction cups, not for medical purposes," on the grounds of functionality and, alternatively, lack of acquired distinctiveness].

April 17, 2012 - 11 AM: Natron Corporation v. Hewlett-Packard Development Company, LP, Cancellation No. 92050789 [Section 2(d) opposition to TOUCH SMART for "personal computers, computer hardware, computer monitors, computer display screens" on the ground of likelihood of confusion with the registered mark SMART TOUCH for “electronic proximity sensors and switching devices"].

April 19, 2012 - 11 AM: In re Primerica, Inc., Serial No. 77931208 [Section 2(d) refusal to register PRIMERICA DEBTWATCHERS for "providing temporary use of a Web-based software application, marketed exclusively through the proprietary's sales force of independent contractor sales representatives and accessible only through proprietary's company-branded website, for assimilating financial information, namely, financial data provided directly by the customer and financial data obtained directly from the customer's consumer credit report, to permit the customer to formulate and calculate debt payoff plans" in view of the registered mark DEBTWATCHERS & Design for advice and counseling services for eliminating and reducing personal debt].

April 25, 2012 - 10 AM: Katz Communications Inc. v. Katz Marketing Solutions LC, Opposition No. 91191178 [Section 2(d) opposition to KATZ MARKETING SOLUTIONS & Design for "business marketing consulting services" in view of an alleged family of KATZ marks for marketing-related services].

April 25, 2012 - 2 PM: In re Sadoru Group, Ltd., Serial No. 77941164 [Section 2(e)(1) mere descriptiveness refusal of SADORU (Stylized) for "motorcycle parts and accessories, namely motorcycle seats and ergonomic motorcycle pads for use with seats"].

April 26, 2012 - 2 PM: Mattel. Inc. v. S.W. Fantasies, Inc., Opposition No. 91170977 [Opposition to registration of BARBIE GRIFFIN for adult entertainment services, on the ground of likelihood of confusion and likelihood of dilution (both blurring and tarnishment) of the allegedly famous mark BARBIE for dolls and other goods].

Text Copyright John L. Welch 2012.


At 10:51 AM, Anonymous Reid said...

After looking over the WETTECHNOLOGIES briefs, I now see exactly why I use a table to present third-party evidence. That paragraph of MARK[disclaimer(reg#)] hurts my eyes.

Nonetheless, there are a lot of interesting hearings on tap this month. I'll see you there!

At 11:48 AM, Anonymous Anonymous said...

Barbie Griffin is not a real person? Who would have known?

Interesting specimen of use which appears to show otherwise.

I always thought Barbie Griffin was the stage name for the famous "nude model" Michelle McCurry.

That should be an interesting hearing!


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