Monday, January 05, 2009

TTAB Posts January 2009 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled nine (9) hearings for the month of January, 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.

January 6, 2009 - 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"].

January 7, 2009 - 2 PM: In re The Boler Company, Serial No. 77059048 [Section 2(d) refusal of QUAANTUM for "trailer suspension systems, incorporating wheel end systems," in view of the registered mark QUANTUM for tires.]

January 13, 2009 - 11 AM: Nextel Communications, Inc. v. Motorola, Inc. , Opposition No. 91164353 [Opposition to registration of a sensory mark comprising an electronic chirp consisting of a tone at 1800 Hz played at a cadence of 24 ms ON, 24 ms OFF, 24 ms ON, 24 ms OFF, 48 ms ON, for two-way radios. Opposer Nextel contends that the tone serves as a trademark of Nextel, not Motorola]. [See the Board's February 2008 decision (TTABlogged here), sustaining Nextel's opposition to Motorola's application to register a 911 Hz chirp on the ground that it failed to function as a trademark.]

January 14, 2009 - 10 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].

January 14, 2009 - 2 PM: In re Cochran, Serial No. 78897985 [Section 2(e)(1) mere descriptiveness refusal of MANAGED AUDIT for "computer software for corporate taxpayers to manage federal, state and other regulatory audit processes"].

January 15, 2009 - 10 AM: In re Ben How, LLC, Serial No. 78918570 [Section 2(d) refusal of the mark I.O. METRO & Design for "retail furniture stores" in view of the registered mark METRO for "furniture, namely, upholstered seating, wooden tables, desks, cabinets, and chairs, and office furniture"].

January 15, 2009 - 11 AM: In re Investec Bank Limited , Serial No. 78477240 and 78979119 [Section 2(d) refusals to register the mark INVESTEC & Design for commercial banking; financing services; insurance services, and agency and brokerage services for bonds and securities, in view of the registered mark INVESTECH for financial research, analysis, and consulting services].

January 15, 2009 - 2 PM: In re Murray, Serial No. 77029078 [Section 2(d) refusal to register the mark shown below for "real estate listing" in view of the registered marks HASSLE FREE LISTING for "real estate advertising services" and HASSLE-FREE HOME SELLING for "real estate agency services"].

January 22, 2009 - 2 PM: In re OpBiz, LLC, Serial No. 77055011 [Section 2(d) refusal of HEART for "cocktail lounges; restaurant, and bar services" in light of the registered mark KOKORO for restaurant services].

Text Copyright John L. Welch 2009.


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