TTAB Posts February 2023 Hearing Schedule
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six (6) oral hearings for the month of February 2023. Five of the hearings will be held via video conference; the third one listed below will be in person at Arizona State University. Briefs and other papers for each case may be found at TTABVUE via the links provided.
February 7, 2023 - 1 PM: Eden Foods, Inc. v. The Ethnic Group LLC dba Edenic Blends, Opposition No. 91267822; [Section 2(d) opposition to EDENIC BLENDS & Design for "Vitamin and mineral supplements; none of the foregoing containing CBD" in view of the registered mark EDEN and an alleged family of EDEN-formative marks, for natural and organic food and beverage products, including dietary food supplements.]
February 9, 2023 - 1 PM: National Academy of Television Arts and Sciences and Academy of Television Arts and Sciences v. Kraferd, Opposition No. 91231183 [Opposition to registration of the mark EMMY for various health, disability, and life insurance services, on the grounds of lack of bona fide intent, and likelihood of confusion with and likely dilution of the registered marks EMMY and EMMYS for television awards and related programming and print materials.]
February 16, 2023 - 10:30 AM: Audemas Piquet Holding S.A. v. Haas Outdoors, Inc., Consolidated Oppositions Nos. 91242213 and 91242238 [Opposition to registration of MOSSY OAK and MOSSY OAK & Design for "Jewelry; Watches" on the grounds of likely confusion with and likely dilution of the registered mark ROYAL OAK, in standard character and stylized form, for watches and jewelry.]
February 23, 2023 - 4:10 PM (Live at Arizona State University): El Burro, Inc. v. Knuckle Sandwich LLC, Cancellation No. 92075933 [Opposition to registration of EL BURRO BURRACHO, on the ground of likelihood of confusion with the registered marks EL BURRO and EL BURRO TACOS & BEER & Design, all for restaurant services.]
February 28, 2023 - 12 PM: ZeroDensity Yazilim Anonim Sirketi v. Apple Inc., Consolidated Oppositions Nos. 91266285 and 91266754 [Opposition to registration of REALITY COMPOSER [REALITY disclaimed]
and REALITY CONVERTER for "Downloadable application development software" on the grounds of mere descriptiveness and likelihood of confusion with an alleged family of REALITY-formative registered marks for downloadable application development software.]
February 28, 2023 - 2 PM: Great Knives Manufacture Co., Ltd. v. Universal Sewing Supply, Inc., Cancellation No. 92073334 [Petition for cancellation of a registration of GOLDEN EAGLE for "arts and crafts notions, namely, nippers, and scissors" on the ground of fraud, nonownership, and likelihood of confusion with the identical common law mark for "thread-cutting nippers."]
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Text Copyright John L. Welch 2022.
posted by John L. Welch @ 1/31/2023
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1 Comments:
I don't know if this is appropriate but I'd like to comment on yesterday's post. I was the first anonymous and had a feeling it would spark some comments. The big problem is that the system allows IDs such as "restaurant services" (and many more that are just overly broad given the marketplace for very distinct subsets of those G/S) when the specimen shows it's a workplace cafeteria. Or even when it's a Mexican restaurant or one that only serves shaved ice. The applicant should be forced to describe their goods or services as narrowly as is reasonably possible and then let "related goods" take over to give them the protection they deserve. If it can be proven that workplace cafeterias also commonly operate shaved ice stands then so be it. I know this will never happen but it's a serious problem for people who legitimately deserve to register their marks and are forced to go through the Sec. 18 procedure (which is not "easy"!..and for which there is almost no precedent..hmm..wonder why?)
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