TTAB Posts December 2015 Hearing Schedule
The Trademark Trial and Appeal Board has scheduled five (V) oral hearings for the month of December, as listed below. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. Briefs and other papers for these cases may be found at TTABVUE via the links provided.
December 3, 2015 - 2 PM: In re The American Waffle Company LLC, Serial No. 85768317 [Section 2(e)(2) refusal of THE AMERICAN WAFFLE COMPANY on the ground that the marks is primarily geographically descriptive of "Pancakes; Waffles" [WAFFLE COMPANY disclaimed]].
December 3, 2015 - 2:40 PM: In re The Hyman Companies, Inc., Serial No. 85483397 [Section 2(a) refusal of the mark DIAMONDESS for "jewelry primarily composed of simulated diamonds and gemstones" on the ground of deceptiveness].
December 8, 2015 - 2 PM: Royal Crown Company, Inc. and Dr. Pepper/Seven Up, Inc. v. The Coca-Cola Company, Oppositions Nos. 91178927 et al. [Consolidation of seven oppositions to Coca-Cola's attempted registration of various ZERO-containing for beverages, without a disclaimer of the term "zero," on the ground that the word is generic or merely descriptive of no-calories beverages, and Coca-Cola's opposition to registration of PURE ZERO and DIET-RITE PURE ZERO for soft drinks, on the ground of likelihood of confusion with Coca-Cola's various ZERO-formative marks].
December 10, 2015 - 10 AM: In re William D. Hober, Inc., Serial No. 85643266 [Refusals to register the product configuration shown below, for "Gun parts, namely, bottom metal for custom guns that incorporates a trigger guard shape," on the alternative grounds of functionality under Section 2(e)(5) and lack of acquired distinctiveness. "The mark consists of a three-dimensional product design of a distinctive trigger guard profile shown in solid lines."]
December 17, 2015 - 2 PM: In re Epic Naturals, LLC, Serial Nos. 85762427 and 85762380 [Refusals to register the marks THE EPIC SEED in standard character and design form, for "yogurt, strained yogurt, and probiotic yogurt-based beverages not for medical purposes" on the ground of likelihood of confusion with the registered mark EPIC for cheese, and the ground of failure to disclaim the word SEED].
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TTABlog note: Any predictions? I think I see at least one WYHA? here.
Text Copyright John L. Welch 2015.
posted by John L. Welch @ 11/30/2015
4 comments
4 Comments:
We used to get American, but recently not so much. Unless the design carries it, this one seems like the weakest to me.
Trade dress gun part is a dead loser...similar to the Gibson/Fender attempts on guitars
Not so fast on the gun part
First two and gun part config are WYHA and clear losers. THE EPIC SEED will win 2d but lose on the disclaimer. Different C.I. vs. EPIC for cheese. Their yogurt has chia seeds and the mark is referring to chia being an "epic seed". EPIC would not diminish that descriptiveness. Who knows with the Coke decision, a lot at stake. Me thinks the Board will hold ZERO to be so highly descriptive that the 2f claim is insufficient for Coke. Widespread third-party use by small and large players in the industry certainly won't help Coke. This is same as LIGHT for beer, no?
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