Tuesday, July 31, 2018

TTAB Posts August 2018 Oral Hearing Schedule

The Trademark Trial and Appeal Board (TTAB) has scheduled three (III) oral hearings for the month of August 2018. The hearings will be held in the Madison Building in Alexandria, Virginia. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

August 2, 2018 - 2 PM: In re GJ & AM, LLC dba Cookinpellets.com, Serial No. 86858003 [Refusal to register COOKINPELLETS.COM (in standard character form) for "Processed wood fuel in the nature of pellets for use in barbecue grills"(class 4) on the grounds of genericness and, alternatively, mere descriptiveness; refusal for "Downloadable mobile applications for advertising barbecue grill fuels" (class 9) on the grounds of mere descriptiveness and failure to provide a specimen showing use of the mark with the identified mobile applications].

August 8, 2018 - 12 PM: In re Vive Health LLC, Serial No. 87009135 [Section 2(d) refusal of VIVE HEALTH for "On-line retails store services featuring a variety of medical equipment, medical supplies and home health products," in view of the registered mark VIVOHEALTH! (in standard character form) for "retail stores and online retail stores, all featuring health and wellness products ...].

August 15, 2018 - 11 AM: In re ERB Industries, Inc., Serial No. 86826889 [Section 2(d) refusal of COOLERZ for "Bandanas, hat liners, neck bands and headbands," on the ground of likelihood of confusion with the registered mark COOLER for various clothing items, including hats, caps, and berets]. 

Read comments and post your comment here.

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

Text Copyright John L. Welch 2018.


At 9:05 AM, Anonymous Anonymous said...

Interesting to note that all three of these refusals set for hearing that week (and were affirmed by the Board) resulted in judicial challenges! How often has that happened? CAFC affirmed ERB, and remanded GJ&AM for reconsideration in light of Booking.com. And a Florida district court recently affirmed Vive Health.


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