Tuesday, January 04, 2011

TTAB Posts January 2011 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled five (5) oral hearings for the month of January, as listed below. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. [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 11, 2011 - 2 PM: In re Country Music Association, Inc., Serial Nos. 78906900 and 78901341 [Section 2(e)(1) refusals of COUNTRY MUSIC ASSOCIATION and CMA COUNTRY MUSIC ASSOCIATION & Design for "Association services, namely, promoting country music, and promoting the interests of country music entertainers and the country music recording industry" on the ground of mere descriptiveness and lack of acquired distinctiveness].

January 13, 2011 - 2 PM: In re Great Neck Saw Manufacturers, Inc., Serial No. 76679933 [Refusal to register LOCKBACK for "[a] foldable utility knife comprising a handle and a blade holder with the blade holder having a removable blade and being foldable within the handle" on the grounds of genericness and, alternatively, mere descriptiveness and lack of Section 2(f) acquired distinctiveness].

January 19, 2011 - 11 AM: In re adidas International Marketing B.V., Serial Nos. 78846613 and 79058736 [Section 2(d) refusals of TECHFIT and ADIDAS TECHFIT & Design for "performance athletic clothing employing compression technology to support and enhance movement" in view of the registered marks TEKFIT and TEKFIT BY TALON, both for men’s, women’s, and children’s pants, shorts and jeans].

January 20, 2011 - 2 PM: UMG Recordings Inc v. Mattel, Inc., Opposition No. 91176791 [Section 2(d) opposition to MOTOWN METAL for toy vehicles based upon the registered mark MOTOWN MUSIC REVIEW for "retail gift store featuring music, clothing, reading materials and souvenirs"].

January 27, 2011 - 11 AM: In re The North Face Apparel Corp., Serial No. 77363321 [Refusal to register the mark shown below, consisting of "the placement of an irregularly shaped logo containing a flat horizontal line curving downward from the top to the right hand side and a flat bottom, with the line on the left indented both at the top and bottom and the center portion of the line extending outward, affixed to the right shoulder of the back exterior of the garment. The broken lines in the drawing forming the outline of the garment are not part of the mark and serve only to show the position of the mark. The other broken lines indicate matter not claimed as part of the mark," on the grounds that (1) the mark fails to function as a trademark and (2) the mark shown on the specimen of use differs from the mark of the drawing].

Text Copyright John L. Welch 2011.


At 3:39 PM, Anonymous Orrin A. Falby said...

John, Does Nothface have a chance here? This is mainly a phantom mark, no? I have a friend who works for the NFL and they have been allowed to register jerseys with "phantom numbers". They register the product configuration, but I thought that they should have taken one step further and try to register the placement of the colors, numbers, logos, etc., so they would not have to claim 2(f). But that is quite different from trying to register an idefinite shape. The placement in no problem, the thing that is placed has to be definite.

At 10:29 AM, Blogger John L. Welch said...

Orrin: seems like a phantom mark to me. I note that North Face subsequently withdrew its application to register.


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