TTAB Posts October 2013 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled six (6) 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 17, 2013 - 11 AM: In re Fiat Group Marketing & Corporate Communications S.p.A., Serial No. 79099154 [Refusal to register the mark FIAT 500 for "retail store services and on-line retail store services featuring a wide variety of consumer goods of others," in class 35, on the ground that the proposed wording exceeds the scope of the original recitation of services in class 35 ("advertising; business management; business administration; office functions")].

October 22, 2013 - 11 AM: In re Aristocrat Technologies Australia Pty Ltd, Serial No. 73753502 [Section 2(d) refusal to register BUFFALO for "gaming machines, namely, devices which accept a wager," in view of the registered mark BUFFALO BUCKS for "gaming machines and operating software that runs thereon"].

October 23, 2013 - 10 AM: Bayer Consumer Care AG v Belmora LLC, Cancellation No. 92047741 [Petition to cancel a registration for the mark FLANAX for "Orally ingestible tablets of Naproxen Sodium for use as an analgesic," on the ground of misrepresentation of source under Section 14(3) of the Trademark Act, with respondent challenging petitioner's standing (prior history here)].

Belmora's FLANAX

October 24, 2013 - 2 PM: In re SpaceCo Business Solutions, Inc., Serial Nos. 85198235 [Section 2(d) refusal to register ADAPT for "desktop LED lighting fixtures for use in commercial and industrial lighting applications ordered through specialty office furnishings ordering services" in light of the registered mark EDAPT for "electrical lighting fixtures"].

October 29, 2013 - 2 PM: In re ActiveVideo Network, Inc., Serial No. 77967935 [Refusal to register CLOUDTV for various goods and services in classes 9, 38, 41, and 42 relating to the viewing of multi-media content, on the grounds of genericness, and alternatively mere descriptiveness and lack of secondary meaning].

October 30, 2013 - 10 AM: 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"].

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TTABlog note: See any WYHA?s here?

Text Copyright John L. Welch 2013.