Tuesday, February 27, 2018

TTAB Posts March 2018 Hearing Schedule

The Trademark Trial and Appeal Board (TTAB) has scheduled five (V) oral hearings for the month of March 2018. 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.

March 8, 2018 - 11 AM: In re Dead Bird Brewing, LLC, Serial Nos. 87140389 and 87140417 [Section 2(d) refusals to register the mark DEAD BIRD BREWING COMPANY (standard characters) [BREWING COMPANY disclaimed]  and the logo shown below, for beer, in view of the registered mark DEADBIRD for wines].

March 15, 2018 - 10 AM: In re Society of Health and Physical Educators, Serial No. 87107590 [Phantom mark refusal of SHAPE XXXX for educational journals, educational services, and clothing, where XXXX represents the "unabbreviated name of a state of the United States of America and Puerto Rico”].

March 15, 2018 - 2 PM: In re Funko, LLC, Serial Nos. 87171233 and 87171228 [Section 2(d) refusals of PINT SIZE HEROES in Standard Character and Stylized form for "Collectable toy figures," in view of the registered mark PINT SIZE PRODUCTIONS & Design for “plush toys; stuffed and plush toys; stuffed toy animals”].

March 20, 2018 - 11 AM: Galperti, Inc. v. Galperti S.r.L., Cancellation No. 92057016 [Petition for cancellation of a registration for the mark GALPERTI for "Ironmongery in the form of metal hardware, namely, flanges, ring-shaped fittings of metal, and forgings," on two grounds: likelihood of confusion with petitioner's identical common law mark for the same goods, and fraud in the procurement of the registration due to lack of ownership].

March 28, 2018 - 11 AM: In re Woolly Threads, LLC, Serial Nos. 86599450 and 86692160 [Three refusals of WOOLLY and WOOLLY THREADS for sweatshirts: Section 2(d) likelihood of confusion with the registered mark WOOLLY CLOTHING for "Clothing, namely, jackets, sweaters, underwear, socks, slippers made in whole or in part of wool; clothing for infants and children, namely, baby bodysuits, jumpers, rompers, pajamas, shirts, pants, jackets, sweaters, underwear, socks, and slippers made in whole or in part of wool" [CLOTHING disclaimed]; Section 2(a) deceptiveness; and deceptive misdescriptiveness under Section 2(e)(1)].

Read comments and post your comment here.

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

Text Copyright John L. Welch 2018.


At 11:07 AM, Anonymous Anonymous said...

WHYA? What have you alleged?

At 3:05 PM, Anonymous Anonymous said...

Would not have appealed the DEADBIRD rejection. I think that's DOA.

I believe the phantom mark refusal should be reversed.

At 5:15 PM, Anonymous Anonymous said...

Worth noting that DEADBIRD is a rare beer/wine appeal in which applicant has made, or at least tried to make, a reasonable evidentiary showing re: relatedness.


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