TTAB Posts January 2017 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled eight (VIII) oral hearings for the month of January 2017. 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.


January 10, 2017 - 2 PM: In re Well Living Lab Inc., Serial No. 86440401 [Section 2(e)(1) mere descriptiveness refusal of WELL LIVING LAB for "Scientific research in the field of human health and wellness in indoor environments; product testing, research and development designed to improve the health and well-being of product users; design and testing for new product development for others in the field of health and wellness; testing, research and development of products designed to improve the health and wellness of individual users; product testing, research and development relating to technology designed to monitor and control environmental characteristics of buildings and indoor spaces; accreditation services, namely, developing protocols and evaluating and testing conformance to protocols for products designed to improve the health and wellness of individual users"].

January 11, 2017 - 10 AM: In re Just Goods, Inc., Serial No. 86348671 [Section 2(d) refusal of BETTER FOR EVERYONE for "Antipasto, beverages consisting principally of milk, bottled fruits, butter, cheese, dairy-based dips, dairy-based spreads, dried fruits, eggs, fruit and soy based snack food, fruit spreads, fruit-based meal replacement bars, fruit-based organic food bars, jellies and jams, jerky, meat, milk,olive oil, pate, peanut butter, pickles, poultry, prepared nuts, seafood not live, shakes, sliced meat, snack dips, soups, tofu, vegetable chips, yogurt based beverages, condiments and snack foods, namely, artichoke paste, chili, olive paste, tapenade, vegetable condiments in the nature of vegetable-based spreads, condiment sauces, namely, vegetable based snackfood," in view of the registered mark BETTER FOR YOU, BETTER FOR EVERYONE, for "Meat substitutes; protein for use as an ingredient in cooking, baked goods and as a meat additive; protein food products, namely, chopped beef substitute, chicken substitute, pork substitute, crab substitute, lamb substitute, fish substitute, sausage substitute, meat substitutes, ham substitute, bacon substitute, veal substitute"].

January 11, 2017 -11 AM: In re Shabby Chic Brands LLC, Serial No. 85135970 [Section 2(b) refusal of the mark shown below left, for various goods in class 20, 21, and 24, including furniture, dinnerware, and fabrics, on the ground that the mark includes a simulation or design that resembles a governmental insignia of the United Kingdom’s Prince of Wales emblem (shown below right)].

January 12, 2017 - 10 AM: In re Apple Inc., Serial No. 85008432 [Refusal to register IBOOKSTORE for /retail store services featuring electronic publications, for use with proprietary software, provided via the Internet and other communications networks; retail store services featuring electronic publications for use with proprietary software on handheld mobile digital electronic devices and other consumer electronics," in International Class 35; and "providing an Internet website portal featuring technology that allows Internet users to preview and download electronic publications, for use with proprietary software, on a wide range of topics of general interest," in International Class 42, on the grounds that the mark is merely descriptive and lacking in acquired distinctiveness, and the specimen of use is unacceptable (an amendment to the mark having been denied)].

January 12, 2017 - 11 AM: In re Breitling SA, Serial No. 879152818 [section 2(d) refusal of MERLIN for "timepieces and chronometric instruments" in view of the identical mark registered for various articles of clothing].

January 17, 2017, 2016 - 11 AM: Patriot National Insurance Group, Inc. v. Patriot Risk and Insurance Services, Inc. Cancellation No. 92055674 [Petition for cancellation of a registration for the mark PATRIOT RISK & INSURANCE SERVICES & Design (below) for "Insurance agency and brokerage; Insurance services in the nature of loss control management for others," in view of the registered mark PATRIOT RISK SERVICES for "insurance services, namely, insurance agency services, insurance writing and underwriting, insurance brokerage, and insurance consultation services, all in the fields of worker's compensation, insurance administration in the fields of worker's compensation," and other PATRIOT RISK-formative marks].

January 24, 2017 - 10 AM: Briggs & Stratton Corporation and Kohler Co. v. Honda Giken Kogyo Kabushiki Kaisha (Honda Motor Co., Ltd.), Oppositions No. 91200832 and 91200146 [Opposition to registration of the product configuration shown below for "engines for use in construction, maintenance and power equipment," on the grounds of functionality, genericness, lack of acquired distinctiveness, and abandonment].

January 24, 2017 - 2 PM: In re Nomi Network, Inc., Serial No. 85677459 [Section 2(d) refusal of NOMI FOR A BETTER LIFE for "On-line retail store services featuring clothing items, excluding footwear, that are specifically identified as made by survivors of sex slavery and human trafficking and sold to consumers who wish to support victims of sex slavery and human trafficking," in view of the registered mark NOMI for "footwear"].

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TTABlog note: Any predictions?

Text Copyright John L. Welch 2016.