Wednesday, September 17, 2014

TTAB Will Hear Final Argument in ASHCON Opposition In Boston, October 3rd

As part of the "TTAB and PTAB Come to Boston" program in Boston on October 3rd [here], the Board will hear final arguments in Diamond Power International v. Clyde Bergemann, Inc., Opposition No. 91201996. [Pleadings and other filings downloadable here.] The TTAB panel will consist of Chief Judge Gerard Rogers, Judge Susan Hightower and Judge Linda Kuczma.


Applicant Bergemann seeks to register the mark ASHCON for "consulting services in the field of custom manufacturing of industrial equipment for power plants, mainly bottom ash dewatering systems," in class 40, and for "consulting services in the field of design and development of industrial equipment for power plants, mainly bottom ash dewatering systems," in class 42. Opposer Diamond Power claims a likelihood of confusion under Section 2(d) with its registered ASH and ASH-formative marks for ash-conveying equipment. Opposer also claims that ASHCON is merely descriptive of applicant's services under Section 2(e)(1).


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Text Copyright John L. Welch 2014.

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