TTAB Posts November 2018 Hearing Schedule
The Trademark Trial and Appeal Board (T-T-A-B) has scheduled six (6) oral hearings for the month of November 2018. The hearings will be held in the Madison Building in Alexandria, Virginia. Briefs and other papers for these cases may be found at TTABVUE via the links provided.
November 7, 2018 - 10 AM: In re WGVS USA, LLC, Serial No. 87205484 [Section 2(e)(1) mere descriptiveness refusal of WORLD'S GREATEST VIDEOS for "Providing a web site that gives computer users the ability to upload and share user-generated videos, on a wide variety of topics and subjects; Entertainment services, namely, conducting contests and sweepstakes by broadcasting audio and video clips over the Internet or other communications network; and Audio and video broadcasting services over the Internet or other communications network featuring the uploaded, posted, shown, displayed, and tagged videos of others; electronically transmitting information, audio, and video clips"].
November 8, 2018 - 11 AM: Moonlite Bar-B-Q Inn, Inc. v. Moonlight Brewing Company, Opposition No. 91222542 [Section 2(d) opposition to registration of MOONLIGHT BREWING COMPANY for beer [BREWING COMPANY disclaimed] in view of the registered mark MOONLITE for restaurant services, food items, and ancillary goods].
November 13, 2018 - 1 PM: Peter Piper, Inc. v. OTG Experience, LLC, Opposition No. 91230289 [Section 2(d) opposition to registration of PETER PIPER for "Motor vehicles, namely, automobiles that accepts orders for, dispenses and packages for delivery various food and retail items; Order fulfillment services; Wholesale and retail store services featuring mobile vending machines for order fulfillment; leasing and rental of mobile vending machines; Mobile vending in the field of convenience store items; and Mobile automated machine that accepts orders for, dispenses and packages for delivery various food and retail items; Vending machines, mobile vending machines, and automatic vending machines," and the mark and PETER PIPER SMARTRUCK for the services listed above, in view of the registered mark PETER PIPER PIZZA for pizza, restaurant services, and video game arcades].
November 13, 2018 - 2:30 PM: In re Synthon Holding B.V., Serial No. 87464096 [Section 2(d) refusal to register SYNTHON, in standard character form, for various pharmaceutical-related goods and services in International Classes 5, 35, 40, 42 and 45, in view of the registered mark SYNTHEON for services in in International Classes 40 and 42 for design, development and testing of medical devices].
November 14, 2018 - 10 AM: Trek Bicycle Corporation v. Natural Balance Foods Limited, Opposition No. 91221706 [Section 2(d) opposition to registration of TREK & Design for snack bars in view of the registered mark TREK for bicycles, bicycle parts and accessories, and various other good, including powders for making energy drinks].
November 14, 2018 - 1 PM: In re ETA SA Manufacture Horlogère Suisse, Serial Nos. 87224039 and 87275493 [Refusals to register the two marks shown first below, for "watch movements" in view of the registered mark shown further below, for "Clocks and watches, movements for watches and clocks; cases for watches and clocks, dials for watches and clocks; watch bracelets and watch straps; watch crowns"].
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TTABlog note: Any predictions? See any WYHA?s? Anything interesting?
Text Copyright John L. Welch 2018.
posted by John L. Welch @ 11/01/2018
3 comments
3 Comments:
1, 4,6 = WYHAs; affirmed.
2 & 5 = no 2(d)
3 = yes 2(d).
Recommendation to the attorney pursuing the WORLD'S GREATEST VIDEOS mark: Perform a Free Form search on TESS for the following: "(LIVE)[LD] and (world's)[wm] and (world's)[ds]". The answer to the question "WYHA?" lies in the details.
1-Worlds Greatest Videos – WYHA - Easily affirmed, merely laudatory, not even close. [Descriptive]GREATEST[Generic] anything is descriptive and WYHA (free advice).
2-Moonlight – Opposer will lose, g/s connection not there, third party use too broad. IMO closest of all here. I think the single-location restaurant in Owensboro, KY will lose this one.
3-Peter Piper – Easy win for opposer. The mobile vending services will take the defendant down.
4-Synthon – Affirmed. Marks clearly similar and in sensitive field. Applicant’s g/s so broad and comprehensive that TTAB will have no trouble linking. Applicant should’ve done piecemeal application process here.
5-Trek – Sustained, Trek just too well known and consumers the same.
6-R – Affirmed. Come on. WYHA.
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