TTAB Posts June 2017 Hearing Schedule
The Trademark Trial and Appeal Board has scheduled ten (X) oral hearings for the month of June 2017. The 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.
June 6, 2017 - 10 AM: In re Teambonding, Inc., Serial No. 86803594 [Refusal to register TEAMBONDING for "corporate entertainment, educational and training services, namely, motivational and team building presentations, seminars and workshops." on the ground of genericness, or alternatively, mere descriptiveness and lack of acquired distinctiveness].
June 6, 2017 - 1 PM: In re IM Brands, LLC, Serial No. 86441404 [Refusal to register ISAAC MIZRAHI CRAFT absent a disclaimer of the word CRAFT].
June 7, 2017 - 1 PM: In re Componentlab Inc., dba Outreach , Serial Nos. 86616413 and 86616418 et al. [Section 2(e)(1) mere descriptiveness refusals of OUTREACH, in standard character form, for "Providing a website for management of marketing and sales promotion activities" and for "Providing non-downloadable software for use in marketing database management and management of direct marketing communications, namely, email and telephone marketing; Providing non-downloadable software for use in management of sales contacts databases"].
June 13, 2017 - 2 PM: In re Pan American Properties, Corp., Serial No. 86350072 [Section 2(d) refusal of G SHOT for "alcoholic beverages except beers; prepared alcoholic cocktail," in view of the registered mark G-SHOT for "Non-alcoholic energy drinks containing red ginseng"].
June 14, 2017 - 10 AM: In re Justin's, LLC, Serial No. 86423067 [Refusal to register the design mark shown below, comprising a "styled representations of seven nuts lined up next to one another” for goods listed as nut butter, absent a disclaimer of the accurate pictorial representations of the light brown almond and light brown peanut designs].
June 15, 2017 -11 AM: In re Carlo Ferrera SA, Serial No. 79162222. [Section 2(e)(4) surname refusal of FERET for "Precious metals and their alloys and goods made from these materials included in this class, namely, statues and statuettes of precious metal and their alloys, boxes of precious metal, holiday ornaments of precious metal, precious knobs and pulls; timepieces and chronometric instruments; watch cases; watch straps; watch dials; chronometers; watches; jewelry watches; watches made of precious metals or coated therewith; wristwatches; watch movements; movements for watches; watch parts"].
June 15, 2017 - 2 PM: In re Kimberly Dawn Neumann, Serial No. 86535369 [Section 2(e)(1) mere descriptiveness refusal of FITDATE for "Dating services"].
June 20, 2017 - 2 PM: Modern House Wines LLC v. Hidden Wineries Inc. dba Hidden Wineries, Cancellation No. 92058885 [Section 2(d) petition for cancellation of a registration for the mark THANK YOU for "Red wine; Red wines; Table wines; White wine; Wine; Wines; Wines, and liqueurs; Wines and sparkling wines," in view of the registered marks MERCI and the design/logo mark shown below, for "Wine"].
June 21, 2017 - 11 AM: In re Business Building Solutions, LLC , Serial No. 86306250 [Refusal to register THE BREAKFAST SHOPPE, in standard character form, for "catering services" on the ground of genericness, or alternatively, mere descriptiveness and lack of acquired distinctiveness].
June 27, 2017 - 1 PM: Midnight Velvet, Inc. v. Sabre Retail Fashion Limited, Opposition No. 91223400 [Section 2(d) opposition to registration of MINT VELVET for jewelry; leather goods, bags and wallets, and clothing, and retail store, Internet, and catalogue services regarding said goods, in view of the registered mark MIDNIGHT VELVET for mail order and catalogue services in the field of housewares, jewelry, clothing, handbags, and cosmetics].
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TTABlog note: Any predictions? See any WYHA?s? See anything interesting?
Text Copyright John L. Welch 2017.
posted by John L. Welch @ 6/01/2017
2 comments
2 Comments:
You should do follow up posts on your hearing posts to tell us how they came out.
In the feret case, I don't understand why the attorneys are arguing it on the basis of rare surnames. We have seen TTAB recently declare almost anything that actually is a surname, regardless of how rare, as a block to trademarking it. In this case, many consumers cannot spell 'ferret' and in fact I though that 'feret' was 'ferret'. (Maybe it was the picture John included.) Would not most consumers, when hearing that word, make an association with an animal and not a surname. Ferrets have no clear association with metal objects so it would be a random trademark and might clear the bar. At a last resort, the attorneys might be better off trying to tie this to the 'Feret diameter' which is a measurement of very tiny cellular objects.
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