TTAB Posts November 2021 (Video) Hearing Schedule
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight (VIII) oral hearings for the month of November 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.
November 2, 2021 - 10 AM: In re Garan Services Corp., Serial No. 88674888 [Section 2(d) refusal of MATCH STUDIO for "clothing, namely, tops and bottoms," in view of the mark MATCH in standard character and design form for overlapping clothing items.]
November 4, 2021 - 1 PM: In re OptConnect Management, LLC, Serial Nos. 88458681 and 88458653 [Section 2(d) refusal to register OPTCONNECT MANAGED WIRELESS SOLUTIONS & Design and OPTCONNECT for goods and services used to connect devices to the internet of things, in view of the registered mark OPCONNECT for "interactive computer kiosks comprising computers, computer hardware, computer peripherals, and computer operating software, for use in digital advertising and electric vehicle charging."]
November 9, 2021 - 10 AM: In re BFY LLC, Serial No. 88190652 [Section 2(d) refusal of SLEEPEEZ for "Homeopathic pharmaceuticals for use in the treatment of children's
sleeping problems; Medicated candies for use in the treatment of
children's sleeping problems," in view of the registered mark SLEEPEASE for “Homeopathic preparations in the nature of an oral spray for the treatment of insomnia and symptoms of insomnia such as wakefulness, restlessness, caffeine sensitivity, emotional stress and anxiety.”]
November 10, 2021 - 1 PM: American Marriage Ministries v. Universal Life Church Monestary Storehouse, Opposition No. 91237315 [Opposition to registration of the mark GET ORDAINED for "On-line retail store services featuring clothing in the nature of shirts, hats, and stoles, stationery, business cards, bumper stickers, license plate holders, badges, pens, pins, musical sound recordings, bookmarks, bread, aromatic oil, portfolios, and publications in the nature of books, hand-outs, workbooks, manuals, brochures, and newsletters in the fields of religion, spirituality, marriage, law, and management," on the grounds of genericness, mere descriptivness, and failure-to-function as a source indicator.]
November 16, 2021 - 1 PM: In re Gunther's Quality Ice Cream, Inc., Serial No. 88646255 {Section 2(d) refusal of GUNTHER'S for "ice cream; Non-dairy frozen confections" and for "restaurant services featuring ice cream and non-dairy frozen confections, namely, frozen dessert parlors" in view of the registered marks GUNTHER'S GOURMET for "sauces" and GUNTHER TOODY'S for restaurant services.]
November 18, 2021 - 1 PM: In re L-Nutra, Inc., Serial No. 88757432 [Mere descriptiveness refusal of 5-DAY FASTING DIET for "Nutritionally balanced prepared meals for medical use consisting primarily of grains, nuts and vegetables, sold to the consumer only after a medical consultation with a doctor or other medical personnel, or upon the completion of a medical questionnaire; nutritional meal replacement drinks, soups and snacks adapted for medical use, sold to the consumer only after a medical consultation with a doctor or other medical personnel, or upon the completion of a medical questionnaire."]
November 30, 2021 - 1 PM: In re Nittany Corporation, Serial No. 88439889 [Refusal to register WEGE for beer on the ground that "the specimens of record do not show the applied-for mark in use in commerce on the goods."]
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TTABlog comment: Any predictions? Any WYHAs?
Text Copyright John L. Welch 2021.
posted by John L. Welch @ 10/29/2021
6 comments
6 Comments:
MATCH STUDIO will be reversed.
In my opinion the "Wedge" case should be reversed. The mark is used on the packaging for the goods.
What is the problem with WEGE?
All WYHAs
Sure, WEGE is used on the packaging for beer, but that is not the only determining factor. This brewery is the source of the beer. WEGE is the source of the pretzels (flavoring ingredients) used in the beer, not the beer itself. WEGE's ID should have been "pretzels used as ingredients and flavorings in beer," in Class 32, not 30, bc the finished product determines classification. Aldus Brewing is the source of the "beer." This refusal will be affirmed because applicant identified its goods improperly. It was DOA at filing, dead man walking since 2019.
The mark is used on the packaging for the goods.
Gst francise
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