TTAB Posts October 2022 Hearing Schedule: Nine Virtual and Three In-Person Hearings
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled twelve (12!!) oral hearings for the month of October 2022. The second, fifth, and tenth hearings listed below will be held in person; the rest will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.
October 5, 2022 - 1 PM: In re Lizzo LLC, Serial Nos. 88466281 and 88466264 [Refusal to register 100% THAT BITCH for musical recordings and entertainment service on the ground that the proposed mark is a widely used phrase that fails to function as a source indicator.]
October 6, 2022 - 2 PM (In Person): In re Wave Neuroscience, Inc., Serial No. 88796139 [Section 2(e)(1) mere descriptiveness refusal of NEURO WAVE for medical products and services relating to the analysis and treatment of analysis and treatment of neurological disorders.]
October 11, 2022 - 11 AM: Little Free Library, Ltd. v Little Legacy Library LLC, Opposition No. 91264613 [Opposition to registration of LITTLE LEGACY LIBRARY for books, seminars, and podcasts in the fields of personal development, success, achievement, entrepreneurship, and fiscal responsibility, on the ground of likelihood of confusion with the registered mark LITTLE FREE LIBRARY for signs, guestbooks, cabinetry construction, and book exchange website services.]
October 12, 2022 - 1 PM: Advance Magazine Publishers Inc. v. Anna Gonchorova, Oppositions Nos. 91245771, 91253089, and 91254140 [Opposition to registration of WIRED and WIRED.FIT for clothing and for fitness boot camps, fitness instruction services, and the like, on the ground of likelihood of confusion with, and likely dilution of, the registered mark WIRED for magazines and online informational services in the fields of lifestyle, culture, and technology.]
October 13, 022 - 2 PM (In Person): In re Baxter S.r.l., Serial No. 90172106 [Section 2(d) refusal of the mark BAXTER for carpets and rugs, excluding bath mats and for related retail store services, in view of the registered mark CHASING BAXTER for bath mats.]
October 18, 2022 - 10 AM: Comptime, Inc. DBA Comptime Digital Printing v. E. Francis Paper, Inc., Cancellation No. 92073884 [Petitioner for cancellation of a registration for the mark LITTLE NOTES for address books, greeting cards, calendars, note paper, and the like, on the ground of likelihood of confusion with petitioner's identical common law mark for overlapping goods.]
October 18, 2022 - 1 PM: In re The New York Times Company, Serial Nos. 90106071, 90112154, 90112577, 90115155, 90115337, and 90115491 [Refusal to register the marks THE NEW OLD AGE, GOOD APPETITE, HUNGRY CITY, WORK FRIEND, LIKE A BOSS, and OFF THE SHELF for "columns on the subject of business, office, money, careers and worklife balance" and for "providing on-line publications in the nature of articles, columns" on the ground that the mark identifies only a portion of applicant's publications and does not identify "separate goods in trade."]
October 19, 2022 - 1 PM: Advance Magazine Publishers, Inc. v. Fashion Electronics, Inc., Opposition No. 91247034 [Opposition to registration of EVOGUE for battery chargers, cell phone cases, headphones, carrying cases, handheld digital music players, protective covers for mobile phones, laptops, and portable media players, and wireless speakers, on the grounds of likelihood of confusion with and likely dilution of the registered mark VOGUE for, inter alia, magazines and mobile phone software.]
October 20, 2022 - 1 PM: In re Chatham International Incorporated, Serial No. 90114379 [Section 2(d) refusal of STRONG ISLAND for "alcoholic beverages, except beer," in view of the registered mark STRONG ISLAND ALE for "Beer, ale, lager, stout and porter."]
October 25, 2022 - 11 AM (In Person): In re PT Medisafe Technologies, Serial No. 88083209 [Refusal to register the color dark green (Pantone No. 3285 c) for “Chloroprene medical examination gloves sold only to authorized resellers,” on the ground of genericness, or on the alternative ground that the proposed mark is not inherently distinctive and lacks acquired distinctiveness.]
October 26, 2022 - 11 AM: In re C.E. Shepherd Company, LLC, Serial No. 88636382 [Refusal to register MODULAR GABION SYSTEMS for "Gabions of steel wire"on the grounds of genericness or, alternatively, mere descriptiveness and lack of acquired distinctiveness.]
October 27, 2022 - 2 PM: D&P Holding S.A.. v. Jose Ramon Ortiz Monasterio DBA Jose Ramon, Opposition No. 91246728 [Opposition to registration of the mark shown below, for "Beer-based cocktails; Essences used in the preparation of liqueurs; Malt extracts for making beer; Non-alcoholic rice-based beverages not being milk substitutes; Smoothies; Soy-based beverages not being milk substitutes; Soya-based beverages, other than milk substitutes; Syrups for beverages; Syrups for making beverages," on the ground of lack of bona fide intent.]
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TTABlog comment: Any predictions? See any WYHAs or WYHOs or WYHPs?
Text Copyright John L. Welch 2022.
posted by John L. Welch @ 10/04/2022
2 comments
2 Comments:
What an interesting set of cases! Maybe in the Lizzo case we'll get some explanation about when sometimes a trademark can be arbitrary and other times fails to function. The case on article titles I expect will be precedential and the D&P Holdings case looks badly pled (which may affect the outcome), there should have been a count for absence of ownership. I can see someone proving intent to use ("yeah, I intended to start a competing business because I didn't like the direction they were going") even when they don't own the mark.
The STRONG ISLAND and the "green glove" cases are doa.
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