Monday, May 01, 2023

TTAB Posts May 2023 Hearing Schedule

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of May 2023. Four of the hearings will be held via video conference; five will be held "in-person" in Alexandria, VA. Briefs and other papers for each case may be found at TTABVUE via the links provided.



May 2, 2023 - 2 PM [In-person]:
In re Puma SE, Serial No. 90600590 [Refusal to register PWRSHAPE for "Athletic bags and drawstring pouches; all-purpose carrying bags; all-purpose sports bags; duffel bags; backpacks; shoulder bags; belt bags and hip bags" and for "Clothing, namely, pants, skirts,  pullovers, jackets, shirts, T-shirts, sweaters" on the ground of likelihood of confusion with the registered marks POWERSHAPE for "bras,"  POWER SHAPERS for "Hosiery; Pantyhose," and POWER SHAPE for "Brassieres."] 

 

May 9, 2023 - 10 AM [In-person]: In re International Technology Law Association, Inc. , Serial No. 90774920 [Refusal to register CYBERSPACECAMP for "Educational services, namely, conducting lectures and seminars in the field of information technology law directed primarily to those in the legal profession" on the ground of mere descriptiveness under Section 2(e)(1).]

May 9, 2023 - 1 PM [In-person]: In re MercadoLibre, Inc. , Serial No. 88950207 [Refusal  of MERCADO LIBRE & design for "Operating online marketplaces for sellers of goods and services; online trading services, namely, operating online marketplaces for sellers and buyers of goods and services, including a wide range of home, business, vehicle services, real estate services, environmentally friendly products and professional services; online trading services in which the company and third parties post products or services to be offered for sale, and purchasing or bidding is done via the Internet in order to facilitate the sale of the company goods and services or third parties goods and services via a computer network" on the ground of likelihood of confusion with the registered marks FREEMARKET and FREEMARKET and design for "Operating online marketplaces for downloadable electronic media; online trading services in which sellers post items to be auctioned and bidding is done electronically," and on the ground of failure to provide an English translation of the non-English wording in the mark.]


May 9, 2023 - 1:30 PM [In-Person]: In re MercadoLibre, Inc. , Serial No. 88950420 [Refusal  of MERCADO LIVRE & design for "Operating online marketplaces for sellers of goods and services; online trading services, namely, operating online marketplaces for sellers and buyers of goods and services, including a wide range of home, business, vehicle services, real estate services, environmentally friendly products and professional services; online trading services in which the company and third parties post products or services to be offered for sale, and purchasing or bidding is done via the Internet in order to facilitate the sale of the company goods and services or third parties goods and services via a computer network" on the ground of likelihood of confusion with the registered marks FREEMARKET and FREEMARKET and design for "Operating online marketplaces for downloadable electronic media; online trading services in which sellers post items to be auctioned and bidding is done electronically," and on the ground of failure to provide an English translation of the non-English wording in the mark.] 


May 11, 2023 - 11 AM [Virtual]: Urban Outfitters, Inc. and Urban Outfitters Wholesale, Inc. v. Hudson Brands, Inc. , Opposition No. 91265230 [Section 2(d) opposition to ÉCOUTE for, inter alia, dresses, women’s vests, nightdresses, nightgowns, panties, pants, skirts, and women’s underwear,  in view of the registered mark ECOTE for "women’s sportswear, namely, blouses, tops, pants, skirts, and dresses."]

 

May 17 2023 - 11 AM [Virtual]: In re Panini America, Inc.  Serial No. 88960212 [Refusal to register PLAYBOOK for "Collectible trading cards; Sports trading cards" on the ground of likelihood of confusion with the identical mark registered for "Magazines featuring sports information" and for "Providing a website featuring blogs and non-downloadable publications in the nature of magazines and newsletters in the field of sports; Providing a website featuring entertainment information in the field of sports; Providing an Internet sports news portal featuring links to sports news stories and articles in the field of sports; Providing an Internet website portal featuring entertainment news and information specifically in the field of sports information; Providing information, news, and commentary in the field of current events via the Internet.”]


May 24, 2023 - 1 PM [Virtual]: Monster Energy Company  v. Eben McGarr, Opposition No. 91239678 [Section 2(d) opposition to MAD MONSTER & design for "[g]eneral feature magazine in the field of horror and pop culture" and  MAD MONSTER PARTY, in standard character and design form, for "Organizing exhibitions for educational and entertainment purposes services, namely, organizing and conducting conventions in the fields of horror and popular culture" in view of several MONSTER-formative marks used in connection with entertainment events related to popular culture and with a variety of products.]

May 30, 2023 - 1 PM [Virtual]: ZeroDensity Yazilim Anonim Sirketi v. Apple Inc., Opposition No. 91266285 [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.]


May 31, 2023 - 1 PM [In-person]: In re Intrinsic Brands, Inc., Serial No. 90460533 [Refusal to register INTRINSIC for "consumer product and brand acquisition, namely, acquiring, launching, building and growing health and wellness eCommerce businesses and brands" and for "private equity, namely, private equity fund investment services for health and wellness eCommerce businesses and brands; consultation and development services for health and wellness eCommerce businesses and brands" on the grounds of likelihood of confusion with the registered marks INTRINSIC RESEARCH SYSTEMS INC. and design for "Providing an on-line computer database in the field of stock/securities market information; Providing investors with financial information; Providing stock/securities market information." INTRINSIC WEALTH COUNSEL for "Financial planning; Investment advisory services," and INTRINSIK for "Business consulting services in the field of pharmaceuticals, food and health; business management services; business consulting services in the field of the environment; risk assessment services, namely, business risk assessment; risk management services, namely, business risk management," and for failing to provide a proper specimen of use, and failure to provide a definite recitation of services.]

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Text Copyright John L. Welch 2023.

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