TTAB Posts July 2015 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled six (6) 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 9, 2015 - 2 PM: In re Peter Tesher, Serial No. 85405171 [Section 2(e)(1) mere descriptiveness refusal of COLLEGE BIDS for "On-line trading services in which a seller posts items to be sold at a set price; online trading services in which a seller posts items to be sold in an auction-style format where bidding is done electronically; and providing evaluative feedback and ratings of sellers' goods and services, the value and prices of sellers' goods, buyers' and sellers' performance, and delivery and overall trading experience in connection with the foregoing, all for commercial purposes," and refusal based on failure to disclaim COLLEGE as to feedback and ratings services.]

July 14, 2015 - 2 PM: In re Shanon Preston, Serial No. 85864287 [Section 2(d) refusal to register the mark UNRATED for"Clothing sold only through owner's online store, namely, anti-sweat underwear, hats, jackets, pants, rash guards, shirts, shorts, sleepwear, sports bra, sweat pants, sweat shirts, swim wear, t-shirts, tops, underwear, yoga pants," on the ground of likelihood of confusion with the registered mark UNR8ED for "footwear."]

July 14, 2015 - 2:30 PM: In re Shanon Preston, Serial No. 85864264 [Section 2(d) refusal to register the mark GET CENSORED for "Clothing sold only through owner's online store, namely, hats, jackets, pants, rash guards, shirts, shorts, sleepwear, sports bra, sweat pants, sweat shirts, swim wear, t-shirts, tops, underwear, and yoga pants" on the ground of likelihood of confusion with the registered mark CENSORED for jeans, shirts, shorts, and other clothing items.]

July 15, 2015 - 11 AM: In re Johnson & Johnson, Serial No.77684321 [Refusal to register the mark BEST FOR BABY for "Toiletries, namely, baby bath skin cleansers and washes, and baby lotion," on the ground that applicant's specimens do not establish trademark use.]

July 21, 2015 - 2 PM: In re Epiq Systems, Inc., Serial Nos. 85979129 and 85978692 [Refusal to register the marks DMX MOBILE and DOCUMATRIX MOBILE for "Consulting in the field of technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; Leasing of computer software that stores and manages documents, digital media, text, sound, and images, all in the fields of electronic discovery, internal corporate matters, compliance, second requests, litigation, investigations, and document management for purposes of responding to discovery" and "Consulting in the field of technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; leasing of computer software that stores and manages documents, digital media, text, sound and images in the fields of electronic discovery, internal corporate matters, compliance, second requests, litigation, investigations and document management" [MOBILE disclaimed] on the ground that applicant's specimens do not show the mark in actual use in commerce for the identified services.]

July 28, 2015 - 2 PM: In re Ovo Joint Venture LLC, Serial No. 85551871 [Section 2(e)(1) deceptive misdescriptiveness refusal of the mark OVO [translated as "egg"] for "Adult sexual stimulation aids ...."]

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TTABlog note: Any predictions? See any WYHA?s here?

Text Copyright John L. Welch 2015.