TTAB Posts October 2015 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled five (V) oral hearings for the month of October, as listed below. The first four hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. The fifth will be held "off-site" (at the AIPLA annual meeting in Washington, D.C.) 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 7, 2015 - 2 PM: In re Apple, Inc., Serial No. 77078496 [refusal to register the mark IPHONE for various services in International Classes 41 (providing online information and entertainment) and 42 (computer consulting services) on the ground that the specimens of use do not show the mark in use with the recited services].

October 13, 2015 - 11 AM: In re Caliburger, Serial No. 85810919 [Alternative refusals of CALIBURGER for restaurant services, on the grounds that the mark is of primarily geographically descriptive under Section 2(e)(2) of the Trademark Act, or merely descriptive under Section 2(e)(1)].

October 21, 2015 - 2 PM: In re Neato Robotics, Inc. , Serial No. 85751529 et al. [Mere descriptiveness refusal of BOTVAC, and requirement of disclaimer of BOTVAC in the mark NEATO BOTVAC for, inter alia, robotic vacuum cleaners and parts therefor].

October 22, 2015 - 11 AM: In re PACCAR, Inc., Serial No.85769536 [Section 2(e)(4) refusal to register KENWORTH for transmission fluids, motor vehicle lubricants, and all-purpose lubricants, on the ground that the mark is primarily merely a surname].

 October 22, 2015 - 2PM: Balance Bar Company v. GFA Brands, Inc., Opposition Nos. 912142477 et al. [Opposition to registration of EARTH BALANCE and SMART BALANCE for various food items, including  "nut and seed-based snack bars" and "meal replacement bars," on the ground of likelihood of confusion with the registered marks BALANCE and BALANCE BAR, and various BALANCE-formative marks, for snack bars].

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

Text Copyright John L. Welch 2015.