Monday, December 01, 2008

TTAB Posts December 2008 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled ten (10) hearings for the month of December, as listed below. These hearings will be held in the East Wing of the Madison Building. [The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

December 2, 2008 - 2 PM: In re SiliconSystems, Inc., Serial No. 78447267 [Section 2(e)(1) mere descriptiveness refusal of SIDRIVE for "flash based solid state digital storage media"].

December 3, 2008 - 10 AM: Mary Queen of the Third Millenium, Inc. v. The Foundation for a Christian Civilization, Inc., Opposition No. 91157073 [Opposition to registration of the apparel configuration depicted below as a mark for "clothing, namely ceremonial habit worn by distinguished religious representatives in certain ceremonies" and for "promoting public awareness of the need for healthy and religious families in the United States," on the grounds of lack of ownership, failure to function as a trademark, and likelihood of confusion].

December 3, 2008 - 11 AM: In re Franco Ferrari S.r.l., Serial No. 76545104 [Section 2(d) refusal to register the mark shown below for textile fabric, textile goods, and clothing, in view of the registered marks FRANCO FERRARO for various clothing items, and FERRARI for clothing and textile goods].

December 4, 2008 - 10 AM: In re Chippendales USA, LLC, Serial No. 78666598 [Refusal to register the apparel configuration shown below for "adult entertainment services, namely exotic dancing for women in the nature of live performances" on the ground that the design is not inherently distinctive].

December 9, 2008 - 10 AM: In re Cabot Safety Intermediate Corp., Serial No. 76903884 [Section 2(d) refusal to register the mark SEAHAWK for "protective eyewear, safety eyewear, safety goggles, and parts and components thereof" in view of the registered mark SEAHAWK for binoculars].

December 9, 2008 - 2 PM: In re Steve Dworman Enterprises, Inc., Serial No. 76674485 [Section 2(d) refusal of IT REALLY WORKS for "TV and film production for others to make infomercials" in view of the registered mark IT WORKS for "preparing and placing advertisements for others, business marketing consulting services, and developing promotional campaigns for businesses"].

December 10, 2008 - 10 AM: In re Brain State Technologies, L.L.C., Serial No. 77092018 [Section 2(e)(1) mere descriptiveness refusal of BRAIN STATE CONDITIONING for "training services in the field of neurofeedback"].

December 11, 2008 - 2 PM: A.V. Imports, Inc. v. Spirits International N.V., Cancellation No. 92043340 [Petition for cancellation of a registration for the mark RUSSKAYA for vodka, on the ground of abandonment].

December 16, 2008 - 11 AM: Wal-Mart Stores, Inc. v. Loufrani, Oppositions Nos. 91150278, 91154632, and 91152145 [Two Wal-Mart oppositions to registration of the SMILEY & Design mark shown below left (face design disclaimed) for hundreds of identified goods and services, on the grounds of likely confusion with Opposer's previously-used design mark (below right) and failure to function as a mark (lack of inherent distinctiveness); Loufrani opposition to registration of the design mark shown below right for "retail department store services" on the grounds of abandonment and failure to function as a service mark].

December 17, 2008 - 2 PM: In re Udor U.S.A. Inc., Serial No. 78867933 [refusal of the product configuration shown below as a trademark for "metal spray nozzles" on the ground of functionality and, alternatively, lack of acquired distinctiveness].

Text Copyright John L. Welch 2008.


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