Thursday, February 28, 2019

TTAB Schedules Seven (7) Oral Hearings for March 2019

The Trademark Trial and Appeal Board (T-T-A-B, not Tee-tab) has scheduled seven (VII) oral hearings for the month of March 2019. The hearings will be held in the USPTO's Madison Building in Alexandria, Virginia. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

March 7, 2019 - 2 PM: Fifty-Six Hope Road Music Limited v. Sandal Factory, Inc., Opposition No. 91212582 [Opposition to GNARLY MARLEY'S for "Retail store services featuring clothing, souvenirs, and novelty gift items;" Souvenirs and novelty goods, namely, ornamental novelty buttons, badges, and pins;" and "Apparel, namely, t-shirts, shirts, pants, shorts, and dresses," on three grounds: likelihood of confusion with, and likelihood of dilution of, the marks MARLEY, BOB MARLEY and others, registered and/or used for a variety of goods and services, and false association under Section 2(a)].

March 19, 2019 - 1 PM: In re Elasticsearch BV, Serial No. 86882876 and 86882877 [Requirement to disclaim the word ELASTIC in the marks shown below, for downloadable and non-downloadable software for searching, indexing, organizing, managing, processing, storing, retrieving, analyzing and reporting information and data, not including software related to the balancing or scaling of resources to meet increased or decreased computing needs].

March 20, 2019 - 1 PM: In re Ocean Technology, Inc., Serial No. 87405211 [Section 2(d) refusal to register the mark shown below for "crabmeat" [CRAB and CRABMEAT disclaimed] on the grounds that the mark i merely informational, and that applicant failed to comply with the requirement to answer a request for information about the nature of the goods].

March 26, 2019 - 10 AM: In re Media Device Limited, Serial No. 79212632 [Section 2(d) refusal to register the mark EARSHOT for "wired and wireless headphones and earphones" in view of the registered mark shown below for "Computer software for coordinating real-time communication and feedback between businesses and individuals; Computer software providing social media tools through which users can share, interact and follow real-time feedback relating to businesses, individuals and places; Computer software for finding and sharing a user's location and displaying a user's real-time communication relating to the user's location"].

March 26, 2019 - 1 PM: Branded, LLC v. Summit Retail Solutions, Inc., Cancellation No. 92065995 [Petition for cancellation of two registrations for the mark NEW DOMAINE for shower heads, pillows, bed sheets, bed sheet sets and pillow case, on the ground of likelihood of confusion with the registered mare DOMAIN for, inter alia, various household goods, including bed sheets, pillow cases, comforters, bedspreads, pillow shams, bed ruffles, duvet covers, comforter covers, mattress pads, and bed blankets].

March 27, 2019 - 11 AM: In re Telecom (CHINA) Ltd., Serial No. 87440925 [Section 2(d) of the mark DIRTY LAUNDRY for "Hooded sweatshirts; Jackets; Jeans; Pants; Shirts; Shorts; T-shirts" in light of two registrations for the identical mark, owned by different owners, for "footwear" and for "luggage"].

March 28, 2019 - 2 PM: Triatomic Environmental, Inc. v. RGF Environmental Group, Inc., Opposition No. 91232746 [Opposition to registration of UPCO-QR for "Air purification units" in view of the registered mark APCO for the same goods].

Read comments and post your comment here.

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

Text Copyright John L. Welch 2019.


At 4:58 PM, Anonymous Joel G. MacMull said...

Elastic. I could imagine that one going in favor of the Applicant.

At 8:33 PM, Blogger Unknown said...

Fifty-Six Hope Road Music Limited v. Sandal Factory, Inc. - SUSTAINED
In re Elasticsearch BV - REVERSED
In re Ocean Technology, Inc. - AFFIRMED
In re Media Device Limited - REVERSED
Branded, LLC v. Summit Retail Solutions, Inc. - SUSTAINED
Triatomic Environmental, Inc. v. RGF Environmental Group, Inc - DENIED


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