TTAB Posts September 2013 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled nine (9) oral hearings for the month of September, 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.

September 10, 2013 - 2 PM: Carl Karcher Enterprises, Inc. v. Carl's Bar & Delicatessen, Inc., Opposition No. 91188150 [Opposition to registration of CARL'S BAR and CARL'S BAR & DELICATESSEN for "restaurant, bar and catering services" on the ground of likelihood of confusion with, and likely dilution of, the registered mark CARL'S, JR., in standard character and various design forms, for restaurant services].

September 12, 2013 - 2 PM: In re U.S. Tsubaki, Inc., Serial No. 85267349 [Refusal to register TSUBAKI: THE CHOICE FOR CHAIN for failure to file an acceptable specimen showing proper trademark use in connection with "industrial machine parts, namely, chains and
sprockets"].

September 18, 2013 - 1 PM: In re Midwestern Pet Foods, Inc., Serial No. 85501985 [Refusal to register TOBY'S TURKEY DINNER for pet food, absent a disclaimer of TURKEY DINNER].

September 18, 2013 - 1:30 PM: In re Midwestern Pet Foods, Inc., Serial No. 85501978 [Refusal to register PEPPER'S POT ROAST for pet food, absent a disclaimer of POT ROAST].

September 18, 2013 - 2 PM: In re Midwestern Pet Foods, Inc., Serial Nos. 85128946 [Refusal to register EARTHBORN HOLISTIC for cat food, absent a disclaimer of HOLISTIC].

September 24, 2013 - 2 PM: In re Flexi-Van Leasing, Inc., Serial Nos. 853615663 and 85363291 [Section 2(d) refusal to register FLEXI-VAN for "Leasing of motor vehicles; Leasing of vehicles; Rental of motor vehicles; Rental of traction vehicle and trailers; Rental of vehicles; Vehicle rental” in International Class 39 on the ground of likelihood of confusion the registered mark FLEXI for "rental of land, air and sea vehicles"]. 

September 25, 2013 - 11 AM: In re Visionstar, Inc., Serial No. 85319715 [Section 2(d) refusal of MAXGAIN for "natural supplements for male enhancement" in light of the registered mark MAXIMUM GAIN for food, herbal, and other supplements].

September 25, 2013 - 2 PM: In re Beachbody, LLC, Serial Nos. 85779111 and 85779130. [Section 2(d) refusal to register BEACHBODY PRO TEAM and P90X PRO TEAM for educational services in the field of exercise equipment, physical fitness, diet and nutritional programs, in view of the registered marks FITNESS PRO TEAM & Design for Providing fitness and exercise facilities, PROTEAM and PROTEAM & Design for, inter alia, "fitness and weight training equipment, namely, weight benches, and exercise weights"].

September 26, 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].

Text Copyright John L. Welch 2013.