TTAB Posts July 2013 Hearing Schedule

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

July 17, 2013 - 11 AM: McDonald's Corporation v. McSweet LLC, Opposition No. 91178758 [Section 2(d) and 43(c) opposition to registration of MCSWEET for pickled vegetable products, in view of  Opposer's alleged "Mc-formative" family of marks].

July 23, 2013 - 11 AM: In re PRL USA Holdings, Inc., Serial Nos. 85284101 and 85284130 [Section 2(a) deceptiveness refusals of DENIM & SUPPLY RALPH LAUREN for handbags and for belts; blouses; coats; dresses; hats; jackets; pants; scarves; shirts; shorts; skirts; t-shirts; tops [DENIM disclaimed]].

July 23, 2013 - 2 PM: Clear Choice Holdings, LLC v. Implant Direct Int'l., Opposition No. 91190485 [Section 2(d) opposition to registration of REAL CHOICE in view of the registered marks CLEARCHOICE, CLEARCHOICE DENTAL IMPLANTS, and CLEARCHOICE DENTAL IMPLANT CENTER, all for dental implant services].

July 24, 2013 - 10 AM: Bluebonnet Nutrition Corp. v. New Vitality, Opposition No. 91201410 [Section 2(d) opposition to registration of AGELESS MALE for dietary and nutritional supplements [MALE disclaimed] in view of the registered mark AGE-LESS SKIN FORMULA for dietary supplements [SKIN FORMULA disclaimed]].

July 24, 2013 - 2 PM: Frito-Lay North America, Inc. v. Princeton Vanguard, LLC, Opposition No. 91195552 and Cancellation No. 92053001 [Claims of genericness or mere descriptiveness of the term PRETZEL CRISPS for "pretzel crackers" [PRETZEL disclaimed]].



July 25, 2013 - 11 AM: Orange Brand Services, Ltd. v. Net.Orange, Inc., Opposition No. 91196931 [Section 2(d) opposition to registration of NET.ORANGE for providing on-line non-downloadable software in the medical field, on the ground of likely confusion with the mark ORANGE registered and/or used for, inter alia, ISP services, data storage, and computer programming services].

July 30, 2013 - 2 PM: In re Masimo Corporation, Serial Nos. 85040352 and 85047115 [Section 2(e)(1) mere descriptiveness refusals of ADAPTIVE CONNECTIVITY ENGINE for “medical devices, namely, patient monitors and patient sensors for monitoring and measuring blood properties or respiratory events" and ADAPTIVE THRESHOLD ALARM for "medical devices, namely, patient monitors and patient sensors"].

July 30, 2013 - 3 PM: In re Masimo Corporation, Serial No. 85041477 [Refusal to register RAINBOW 4D for "medical devices, namely, patient monitors and patient sensors for monitoring and measuring blood properties or respiratory events," absent a disclaimer of "4D"].

Text Copyright John L. Welch 2013.