Tuesday, February 04, 2014

Updated List of TTAB Ex Parte Decisions on Appeal to the CAFC

There are currently ten (10) appeals pending before the CAFC from TTAB decisions in ex parte cases. They are summarized below, with links to the pertinent TTABvue pages where the decisions may be found, as well as to the pertinent TTABlog postings, if any. [Appeal briefs and other papers may be found via PACER; Oral argument recordings may be found here. if any].

Ex parte appeals:

In re Geller, Appeal No. 13-1412 (Serial No. 77940879, February 2, 2013) [Section 2(a) disparagement refusal of STOP THE ISLAMISATION OF AMERICA, for "providing information regarding understanding and preventing terrorism"].  [TTABlogged here].

In re Nordic Naturals, Inc., Appeal No. 13-1492 (Serial No. 77131419, March 27, 2013) [Refusals to register CHILDREN'S DHA for "nutritional supplements containing DHA" on the grounds of genericness and, alternatively, mere descriptiveness and lack of acquired distinctiveness, and further on the ground that applicant failed to enter a required amendment of the identification of goods to indicate that the goods are formulated for children].

In re The Newbridge Cutlery Co., Appeal No. 13-1535 (Serial No. 79094236, April 29, 2013) [Section 2(e)(2) refusal of NEWBRIDGE HOME as primarily geographically descriptive of silverware, jewelry, and kitchen goods [TTABlogged here].

In re Doctors Making Housecalls, Appeal No. 13-1553 (Serial No. 85324528, May 2, 2013) [DOCTORS MAKING HOUSECALLS deemed generic for “providing on-site medical services to patients at their homes, apartments, senior communities, offices, or other designated locations," and if not generic, then merely descriptive and lacking in acquired distinctiveness]. [TTABlogged here]. [Affirmed under Rule 36, March 10, 2014].

In re Louisiana Fish Fry Products, Appeal No. 13-1619 (Serial No. 77816809, May 24, 2013) [Requirement that applicant disclaim the term FISH FRY PRODUCTS in the mark LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME and Design, for "marinade; sauce mixes, namely, barbecue shrimp sauce mix; remoulade dressing; cocktail sauce, seafood sauce; tartar sauce; gumbo filé; and cayenne pepper"].

In re BabyCakes NYC, Inc, Appeal No. 13-1659 (Serial No. 85214746, July 23, 3013) [Section 2(d) refusal of BABYCAKES & Design for "retail bakery shops" in view of the registered mark BABYCAKES (Stylized) for staple foods, namely, doughnuts and bakery goods]. (Serial No. 85214746). [Appeal terminated on Appellant's motion, February 18, 2014].

In re St. Helena Hospital, Appeal No. 14-1009 (Serial No. 85416343, June 25, 2013) [Section 2(d) refusal to register TAKETEN for "health care services, namely, evaluating weight and lifestyle health and implementing weight and lifestyle health improvement plans in a hospital-based residential program," in view of the registered mark TAKE TEN! for "printed manuals, posters, stickers, activity cards and educational worksheets dealing with physical activity and physical fitness"].

In re Tam, Appeal No. 14-1203 (Serial No. 85472044, September 26, 2013) [precedential] [Section 2(a) disparagement refusal of THE SLANTS for a musical band]. [TTABlogged here].

In re Waves Licensing, LLC, Appeal No. 14-1202 (Serial No. 85437501, September 30, 2013) [Section 2(d) refusal to register the mark SFG for "providing financial intermediation services to institutional investors with respect to securities and other financial instruments and products, namely, brokerage in the field of securities, trading of and investments in securities and financial instruments and products; financial exchange; investment funds transfer services to institutional investors; providing financial market news and commentary to institutional investors," in view of the registered mark SFG A Legacy of Trust and Innovation & Design (shown below) for "financial planning services"].

In re Midwestern Pet Foods, Inc., Appeal No. 14-1272 (Serial No. 85128946 November 13, 2013) (Affirmance of refusal based on applicant's failure to disclaim the word "HOLISTIC" in the mark EARTHBORN HOLISTIC for cat food). [TTABlogged here].

Read comments and post your comment here.

TTABlog note: If you are aware of any other ex parte cases now on appeal to the CAFC, please let me know and I will add it/them to the list. And if you see any corrections that should be made, please contact me.

Text Copyright John L. Welch 2013.


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