Friday, December 29, 2023

TTAB Posts January 2024 Hearing Schedule

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of January 2024. The first three will be held "In Person" at USPTO Headquarters in Alexandria, Virginia; the last four will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.



January 4, 2024 - 11 AM: In re Kattina V. Barsik, Linda D. Barsik, Sean E. Barsik and Tamara A. Barsik, Serial No. 90691470 [Section 2(d) refusal of THE BOOKSTORE SPEAKEASY for restaurant and bar services [SPEAKEASY disclaimed] in view of the registered mark LIBRARY BISTRO & BOOKSTORE BAR (Stylized) for "bar and restaurant services." [BISTRO and BAR disclaimed.]

January 11, 2024 - 11:30 AM: In re Loops, LLC, Serial No. 97069982 [Refusal to register the three-dimensional design mark shown below, comprising "the presentation and 3-Dimentional appearance of a dental floss product, specifically comprising an arbitrary bundle of blue looped dental floss," on the grounds that the mark in the drawing does not match the specimen of use, the proposed mark fails to function as a source indicator, and applicant's claim of acquired distinctiveness for this product design is insufficient.]


January 16, 2024- 1 PM: In re YMF Carpets, Inc., Serial No. 90822795 [Section 2(d) refusal to register CREATIVE HOME IDEAS for shower curtains, placemats, and other household goods [HOME disclaimed] in view of the registered marks CREATIVE HOME [HOME disclaimed] and HOMEIDEAS for overlapping and/or related goods.]

January 18, 2024 - 2 PM: In re Korn Ferry, Serial No. 90890949 [Refusal to register KORN FERRY ARCHITECT absent a disclaimer of the word ARCHITECT, for, inter alia, "Executive search, recruitment and placement services; business consultation services in the field of human resources management and development" and for "Providing temporary use of online non-downloadable software in the field of human resources."]

January 23, 2024 - 1 PM: Sage Therapeutics, Inc. v. SageForth Psychological Services, LLC,, Opposition No. 91270181 [Section 2(d) opposition to registration of SAGEFORTH for psychological consultation and testing, psychotherapy, and related informational services, in view of the registered mark SAGE THERAPEUTICS for pharmaceutical preparations and informational services regarding postpartum depression, with counterclaim to restrict opposer's goods to postpartum related pharmaceuticals.]

January 25, 2024 - 1 PM: Instagram LLC v. Instasize, Inc., Opposition No. 91253078 [Sectio 2(d) opposition to INSTASIZE for "Downloadable mobile applications for photo editing"  in view of the registered mark INSTAGRAM for downloadable computer software for modifying the appearance of photographs.].

January 31, 2024 - 1 PM: In re Kirill's Big Brain, LLC, Serial No. 97359799 [Failure-to-function refusal of ASSHOLES LIVE FOREVER (Stylized) for "Online retail store services featuring clothing, jewelry, bags, gifts, home goods, hats, blankets, mugs, belts, branded gift bags, floor mats, keychains, novelty toys for playing jokes, and pillows."]

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TTABlog comment:  Any predictions? See any WYHAs? any WYHOs?

Text Copyright John L. Welch 2023.

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