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July 9, 2015 - 2 PM: In re Peter Tesher, Serial No. 85405171 [Section 2(e)(1) mere descriptiveness refusal of COLLEGE BIDS for "On-line trading services in which a seller posts items to be sold at a set price; online trading services in which a seller posts items to be sold in an auction-style format where bidding is done electronically; and providing evaluative feedback and ratings of sellers' goods and services, the value and prices of sellers' goods, buyers' and sellers' performance, and delivery and overall trading experience in connection with the foregoing, all for commercial purposes," and refusal based on failure to disclaim COLLEGE as to feedback and ratings services.]
July 14, 2015 - 2 PM: In re Shanon Preston, Serial No. 85864287 [Section 2(d) refusal to register the mark UNRATED for"Clothing sold only through owner's online store, namely, anti-sweat underwear, hats, jackets, pants, rash guards, shirts, shorts, sleepwear, sports bra, sweat pants, sweat shirts, swim wear, t-shirts, tops, underwear, yoga pants," on the ground of likelihood of confusion with the registered mark UNR8ED for "footwear."]
July 14, 2015 - 2:30 PM: In re Shanon Preston, Serial No. 85864264 [Section 2(d) refusal to register the mark GET CENSORED for "Clothing sold only through owner's online store, namely, hats, jackets, pants, rash guards, shirts, shorts, sleepwear, sports bra, sweat pants, sweat shirts, swim wear, t-shirts, tops, underwear, and yoga pants" on the ground of likelihood of confusion with the registered mark CENSORED for jeans, shirts, shorts, and other clothing items.]
July 15, 2015 - 11 AM: In re Johnson & Johnson, Serial No.77684321 [Refusal to register the mark BEST FOR BABY for "Toiletries, namely, baby bath skin cleansers and washes, and baby lotion," on the ground that applicant's specimens do not establish trademark use.]
July 21, 2015 - 2 PM: In re Epiq Systems, Inc., Serial Nos. 85979129 and 85978692 [Refusal to register the marks DMX MOBILE and DOCUMATRIX MOBILE for "Consulting in the field of technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; Leasing of computer software that stores and manages documents, digital media, text, sound, and images, all in the fields of electronic discovery, internal corporate matters, compliance, second requests, litigation, investigations, and document management for purposes of responding to discovery" and "Consulting in the field of technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems; leasing of computer software that stores and manages documents, digital media, text, sound and images in the fields of electronic discovery, internal corporate matters, compliance, second requests, litigation, investigations and document management" [MOBILE disclaimed] on the ground that applicant's specimens do not show the mark in actual use in commerce for the identified services.]
July 28, 2015 - 2 PM: In re Ovo Joint Venture LLC, Serial No. 85551871 [Section 2(e)(1) deceptive misdescriptiveness refusal of the mark OVO [translated as "egg"] for "Adult sexual stimulation aids ...."]
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TTABlog note: Any predictions? See any WYHA?s here?
Text Copyright John L. Welch 2015.
I predict J&J's specimen, a coupon bearing the applied-for mark, will be found acceptable because (1) a coupon can only be used at the point of purchase, and (2) although the issue wasn't exactly the same, the Board found a coupon acceptable in its non-precedential decision In re Sunkist Growers, Inc., Serial No. 75277895 (November 22, 2002).
ReplyDeleteIn my view this refusal is really a bit wacky.