Friday, March 31, 2017

TTAB Posts April 2017 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled seven (7) oral hearings for the month of April 2017. The April 4th hearing will be held at Suffolk Law School in Boston. The remaining hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

April 4, 2017 - 1 PM: Poly-America, L.P. v. Illinois Tool Works, Inc., Cancellation No. 92056833 [Petition for cancellation of three (more than thirty-year old) registrations for marks comprising the configuration of a flexible plastic strip for closing plastic bags, on on the ground of functionality as to all three registered marks, and on the ground of abandonment due to uncontrolled licensing as to one of the registrations].

April 12, 2017 - 2 PM: In re Midwestern Pet Foods, Inc., Serial No. 86596702 [Refusal to register MEADOW PRIME for pet food without a disclaimer of the word PRIME].

April 18, 2017 -10 AM: In re PharmaCann, LLC , Serial No. 86520135 et al. [Refusals to register PHARMACANN and PHARMACANNIS for "Retail store services featuring medical marijuana" and for "Dispensing of pharmaceuticals featuring medical marijuana" on the ground that applicant lacks a bona fide intent to use the marks in commerce because the recited services are prohibited by a federal statute and cannot be in lawful use in commerce].

April 19, 2017 -11 AM: Merchant & Gould P.C. v. MG-IP, P.C., Cancellation No. 92057850 et al. [Two law firms fighting over the letters MG, plaintiff claiming the mark M&G for legal services, defendant the mark MG-IP].

April 20, 2017 - 11 AM: 3 Square, Inc. v. San Pasqual Casino Development Group, Inc. , Cancellation No. 92056703 [Petition to cancel registrations for the marks BLD and BLD's for bar and restaurant services on the ground of likelihood of confusion with petitioner's common law marks BLD, in standard character and design form (below), for restaurant and catering services [priority and laches at issue]].

April 25, 2017 -11 AM: In re Tin Roof Brewing Company, LLC, Serial No. 86598212 et al.[Section 2(d) refusal of TIN ROOF BREWING CO. for "Beer, ale, lager, stout and porter; Pale beer; Wheat beer" [BREWING CO. disclaimed], in view of the registered marks TIN ROOF for "wine" and THE TIN ROOF for "Bar and restaurant services," "Serving food and drinks," and "Tavern services."

April 26, 2017 - 2 PM: In re United Trademark Holdings, Inc., Serial No. 86836082 [Section 2(e)(1) mere descriptiveness refusal of LITTLE MERMAID for dolls].

Read comments and post your comment here.

TTABlog note: Any predictions? See any WYHA?s? See anything interesting?

Text Copyright John L. Welch 2017.


At 11:31 AM, Blogger Gene Bolmarcich, Esq. said...

Prediction: The TTAB will FINALLY rule (precedential) that beer and wine are NOT related goods as a per se rule (at least until an examining attorney presents better evidence) (one can always hope that rationality prevails)


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