Monday, October 01, 2018

TTAB Posts October 2018 Hearing Schedule

The Trademark Trial and Appeal Board (T-T-A-B) has scheduled seven (VII) oral hearings for the month of October 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.

October 2, 2018 - 1 PM: VDF Futureceuticals, Inc. v. Owen Ryan, Opposition No. 91221928 and Cancellation No. 92062086 [Section 2(d) opposition to VITAMIN BLUE for "Non-alcoholic beverages, namely, soft drinks and fruit juices containing vitamins" and petition for cancellation of a registration for the same mark for "yogurt drinks, fruit based snack food" [VITAMIN disclaimed] in view of the registered mark VITABLUE for nutritional supplements].

October 4, 2018 - 10 AM: In re Red Flags Fly, Inc., Serial No. 87104371 [Requirement that applicant disclaim the word ANAHEIM in the mark ANAHEIM HILLBILLIES (Stylized) for various clothing items, on the ground that the word is geographically descriptive].

October 9, 2018 - 11 AM: Cards Against Humanity, LLC v. Vampire Squid Cards, LLC, Opposition No. 91225576 [Opposition to registration of the mark CRABS ADJUST HUMIDITY, in standard character and logo form, for "Card games; Game cards" on the grounds of Section 2(d) likelihood of confusion and Section 2(a) false association with, and Section 43(c) likelihood of dilution of, the registered mark CARDS AGAINST HUMANITY for "Card games; Game cards"].

October 10, 2018 - 1 PM: In re Hollywood Casinos, LLC, Serial Nos. 87210257 and 87210260 [Requirement that applicant disclaim the term CLASSIC SLOTS in the marks HOLLYWOOD CLASSIC SLOTS and HOLLYWOOD CLASSIC SLOTS 10X for "Computer and electronic game software; interactive video game programs; computer game software for use on mobile devices; computer game programs downloadable via the Internet," on the ground of descriptiveness].

October 11, 2018 - 1 PM: I Live Here, I Give Here v. Amplify Federal Credit Union , Opposition No. 91228233 [Section 2(d) priority contest involving two applicants seeking to register the mark AMPLIFY, in standard character form, for charitable fundraising services].

October 30, 2018 - 10 AM: In re Starbucks Corporation, Serial No. 85792872 [Refusal to register an alleged mark consisting of a green circle placed centrally on the front exterior side of a white cup, for "Coffee, tea, coffee and tea based beverages, and cocoa; Restaurants, cafes, cafeterias, snack bars and coffee bars; carry-out restaurant and food preparation services," on the following grounds: (1) the application does not include an accurate and complete description of the mark indicating that the mark is three-dimensional; (2) applicant has not shown use of the mark in the drawing with the identified goods and services (a) because the mark in the drawing is not a substantially exact representation of any of the marks in use as shown by the specimens, (b) the mark is not sufficiently associated with the services in the specimens of record; and (3) applicant has not shown that the mark in the drawing has acquired distinctiveness under Section 2(f) and the mark is not inherently distinctive].

October 30, 2018 - 1 PM: Topiclear, Inc. v. K&M Distributors, Cancellation No. 92062923 [Section 2(d) petition for cancellation of a registration for the mark TROPIC CLAIR PLUS for cosmetics in view of the registered mark TOPICLEAR and formatives thereof, also for cosmetics].

Read comments and post your comment here.

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

Text Copyright John L. Welch 2018.


At 5:10 PM, Anonymous Anne Gilson LaLonde said...

Crabs Adjust Humidity has been around for several years. Interesting that Cards Against Humanity is opposing rather than suing. Perhaps because Crabs, on its box and at its website, makes it clear that it's a parody and includes disclaimers that it's unauthorized and unofficial. The website also encourages people to buy Cards Against Humanity. Not making a prediction . . . .


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