TTAB Posts October 2021 (Video) Hearing Schedule
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled four (4) oral hearings for the month of October 2021. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.
October 5, 2021 - 1 PM: In re California Exotic Novelties, LLC and Wood Rocket, LLC, Serial No. 88629939 [Refusal to register FUCK ME for "Adult sexual stimulation aids, namely, vibrators" on the ground that the proposed mark is a common phrase that cannot function as a trademark.]
October 12, 2021 - 1 PM: In re California Exotic Novelties, LLC and Wood Rocket, LLC, Serial No. 88629916 [Refusal to register HORNY AF for "Adult sexual stimulation aids, namely, vibrating cock ring" on the ground that the proposed mark is a common phrase that cannot function as a trademark.]
October 14, 2021 - 11 AM: In re Del Monte International GmbH, Serial Nos. 88614478 and 88696297 [Section 2(d) refusal to register FRSHST in the forms shown below, for "Food and beverage kiosk services; retail store services featuring fresh fruits and vegetables, sandwiches, wraps, baked goods, salads, snacks, entrees, prepared meals, dips, hummus, soups and yogurts; all of the foregoing excluding supermarkets," in view of the registered mark FRESH STREET SQUARE for "supermarkets."]
October 26, 2021 - 1 PM: In re James Todd Smith, Serial No. 88595239 [Refusal to register THE INFLUENCE OF HIP HOP for "Radio communications; radio broadcasting information; mobile radio communication" because "the specimen of use does not show use of the mark in connection with the services identified in the application.]
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TTABlog comment: We're heading into NSFW territory. Any predictions?
Text Copyright John L. Welch 2021.
posted by John L. Welch @ 9/30/2021
2 comments
2 Comments:
Failure to function was the "never got a chance to perform" understudy to 2(a) scandalousness refusals before Brunetti. With scandalousness leaving the show, failure to function/common phrase refusals will, in many cases, take the lead role in the ongoing "NSFW" phrases play.
Yikes. Fallout from Iancu v. Brunetti. Should be interesting (read: cringe-worthy) hearings!
Don't think these are registrable. Definitely common phrases. Surprised they didn't schedule both hearings on the same day just to get the hot-potato topics over with ASAP! :)
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