TTAB Schedules Seven (VII) Oral Hearings for August 2017

The Trademark Trial and Appeal Board (TTAB) has scheduled seven (7) oral hearings for the month of August 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.



August 1, 2017 - 10 AM: Optoro, Inc., Serial No. 86645428 [Section 2(e)(1) mere descriptiveness refusal of  BULQ for "Online wholesale and retail services that facilitate the sale of inventory, namely, online wholesale and retail store services in the field of general consumer merchandise; marketplace business management services, namely, operating online business-to-business and retail marketplaces for sellers of wholesale and retail goods"].

August 1, 2017 - 2 PM: In re Formula 7Venz LLC, Serial No. 86264786 [Refusals of MAUI ISLAND SECRET for "Sun tan cremes, lotions, oils and gels, sun browning creme and oil, after sun suntan sealing lotion and non-medicated gel for the treatment and relief of sunburns, sold in retail stores of others," under Section 2(d) in view of the registered mark MAUI ISLAND FORMULA for "non-medicated skin and hair care preparations," and due to applicant's failure to provide a satisfactory specimen of use for the identified goods].

August 3, 2017 - 2 PM: In re Sweetwater Brewing Company LLC, Serial No. 86587130 [Section 2(d) refusal of WHIPLASH WHITE IPA for "ale; beer"  in view of the registered mark WHIPLASH for “wine," and further refusal for failing to disclaim the term WHITE IPA]. [NB: THIS APPLICATION HAS BEEN WITHDRAWN AND THE HEARING CANCELLED - ed.]

August 8, 2017 - 2 PM: In re Monty J. Teeter, Serial No. 86359973 [Section 2(d) refusal to register the mark shown below, consisting of the color orange covering the exterior cylindrical surface of the goods except at serially spaced apart holes along the length of the goods, for "drip irrigation hose pulled by a center pivot or linear movement mobile irrigation system used by farmers and agricultural product producers to water crops growing on large agricultural fields," in view of a registration for the color orange applied to the surface of a low volume irrigation sprinkler stake for commercial use].

August 10, 2017 - 3 PM: In re Ruby A. Bacardi , Serial Nos. 86809072 and 86809084 [Section 2(d) refusal of THIRTEEN 30  and 1330 for "Clothing, namely, dresses, skirts, blouses, shirts, pants, and jackets," in view of the registered mark LOGAN 1330 for various clothing items].

August 24, 2017 - 1 PM: In re ACM Records, Inc., Serial No. 86563789. [Section 2(d) refusal of ACM RECORDS for audio recordings and musical production services in view of the registered marks ACM, ACM AWARDS, and THE ACM EXPERIENCE, owned by the same entity, for various musical entertainment services].

August 30, 2017 - 1 PM:  The Coca-Cola Company v. Bovis Foods, LLC., Opposition No. 91207116 [Opposition to registration of MARGARITA ZERO for "non-alcoholic cocktail mixes" [MARGARITA disclaimed] on the ground of mere descriptiveness under Section 2(e)(1) and lack of acquired distinctiveness under Section 2(f)].

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

Text Copyright John L. Welch 2017.