Tuesday, October 29, 2019

TTAB Posts November 2019 Hearing Schedule

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled seven (7) oral hearings for the month of November 2019. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia.  Briefs and other papers for each case may be found at TTABVUE via the links provided.

November 7, 2019 - 1 PM: In re Gigit, Inc., Serial No. 87069673 [Refusal to register GIGIT for "staff augmentation services, namely, providing information technology (IT) support staff; updating and maintenance of data in computer databases" and for "computer and information technology security services, namely, providing social engineering assessments and assessing and testing the security posture and vulnerability of computer networks and the software applications that run on the networks; computer and information technology security consultation services; Information technology consultation services; information technology and computer network engineering services, namely, designing, configuring, optimizing, and implementing computer networks; computer and information technology support services, namely, help desk services and monitoring the technological functions of computer network systems; data warehousing; installation, repair, updating, and maintenance of computer software; software design and development; Information technology project management services; consulting in the field of information technology project management; IT integration services; computer systems integration services" on the ground of mere descriptiveness under Section 2(e)(1), and also on the ground that the mark shown in the drawing is not a substantially exact representation of the mark on the specimen of use].

November 12, 2019 - 2 PM: In re Toyota Jidosha Kabushiki Kaisha , Serial No. 87734664 [Section 2(d) refusal of SKYDRIVE for "aircraft; structural parts for aircraft; airplanes; structural parts for airplanes; autogyros; gliders and structural parts therefor; turbo-jet airplanes; turbo-prop airplanes; tilt rotor aircraft; propeller airplanes; helicopters; structural parts for helicopters; empennages; propellers for aircraft; propeller blade protectors for aircraft; landing gear for aircraft; landing gear wheels for aircraft; fuselages for aircraft; hot air balloons; seaplanes; airships; rotor blades for helicopters; aircraft wings; fuel tanks for aircraft; tires for aircraft; civilian drones; airplane seats; amphibious airplanes; flying cars and structural parts therefor; fitted covers for flying cars; air vehicles, namely, ultralight aircraft; structural parts for air vehicles; fitted covers for air vehicles; electrically powered motor vehicles for use in the air; structural parts for electrically-powered motor vehicles for use in the air; fitted covers for electrically powered motor vehicles for use in the air; roadable aircrafts; structural parts for roadable aircrafts; fitted covers for roadable aircrafts; rotorcraft; vertical take-off and landing propeller airplanes; vertical take-off and landing aircraft capable of road travel; vertical take-off and landing aircraft; short take - off and landing aircraft; structural parts for vertical take-off and landing aircraft capable of road travel; fitted covers for vertical take-off and landing aircraft capable of road travel; parachutes," in view of the registered mark SKY DRIVE for "speedometer speed sensors"].

November 13, 2019 - 1 PM: In re Nunn Milling Company, Inc., Serial No. 87622839 [Section 2(d) refusal of MERIDIAN for pet food in view of the registered mark MERIDIAN ANIMAL HEALTH & Design for, inter alia, "nutritional and dietary supplements for animals, namely, nutritional supplements for pets to prevent or treat dry skin, hot spots, sores, rashes, worms and other parasites, joint pain, and arthritis”].

November 19, 2019 - 11 AM: The Travelers Indemnity Company v. Trov, Inc., Cancellation No. 92067396 [Petition to cancel a registration for the mark TROV for "Computer application software for mobile devices, namely, software for collecting, indexing, storing and managing personal financial information and information relating to the user's personal and real property, sharing, bookmarking, indexing, storing, collecting and showcasing content, articles, images, and products relating to the user's personal and real property and financial assets, obtaining insurance quotes, purchasing insurance policies, purchasing and selling goods, and managing personal property for the purpose of lending, borrowing, and donating such property, and for managing information regarding personal property for use in curating on-line offers and advertising such property in connection with offers for the private sale of such property" on the ground of likelihood of confusion with the registered mark TRAVELERS and TRAV-formative marks, and the common law mark TRV, for various insurance-related services, and on the ground that registrant's mark was not in use as of the filing date of its underlying application].

November 19, 2019 - 1 PM: In re Bayco Products, Inc., Serial No. 87708217 [Section 2(d) refusal of INTEGRITAS for "Flashlights, namely, portable, rechargeable lanterns," in view of the registered mark ENTEGRITY, in stylized form, for “Light bulbs; Light bulbs, electric; Lighting fixtures; Lighting installations; Lighting tubes; Electric light bulbs; Fixtures for incandescent light bulbs; Fluorescent electric light bulbs; Halogen light bulbs; Incandescent light bulbs; LED light bulbs"].

November 20, 2019 - 11 AM: In re Southcorp Brands Pty Limited, Serial No. 88310184 [Section 2(e)(1) mere descriptiveness refusal of 19 CRIMES for “motion picture films featuring comedy, drama, action, adventure and animation; prerecorded audio tapes, audio video cassettes, audio video discs, and digital versatile discs featuring music, and motion picture films featuring comedy, drama, action, adventure and animation,” and “production, distribution and rental of motion pictures films; production, distribution, and rental of television and radio programs; production, distribution, and rental of sound and visual recordings in the nature of videos in the field of comedy, drama, action, adventure and animation; production of live-action and animated entertainment television shows; production of entertainment television and radio news programs; provision of entertainment information via communication and computer networks; providing entertainment information services via a global communications network in the nature of websites featuring a wide variety of general interest entertainment information relating to motion picture films, television show programs, musical videos, related film clips, photographs, and multimedia entertainment content; presentation of live stage shows; presentation of live show performances; theater productions; entertainer services, namely, live appearances by a professional entertainer; entertainment services, namely, displaying a series of motion picture films featuring comedy, drama, action, adventure and animation via television broadcast”].

November 21, 2019 - 1 PM: In re Medline Industries, Inc., Serial No. 87680078 [Section 2(d) refusal to register the color green (below left) as applied to gloves for  “Medical examination gloves” in view of the registered mark shown below right, for the color green as applied to the exterior of gloves for use with “Gloves for medical use; Protective gloves for medical use"].

Read comments and post your comment here.

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

Text Copyright John L. Welch 2019.


At 11:14 AM, Anonymous Anonymous said...

Somebody needs to do something about 2(e)(1); it is the trademark office's § 101. 19 CRIMES absurdly gets refused for films and entertainment services, but we have registrations like IF WE DON'T SERVE IT, YOU DON'T PAY for "Legal services, namely, process serving" and STOLEN VEHICLE SLOWDOWN for “Security services for motor land vehicle theft recovery, namely, providing remote vehicle deceleration by signaling an on-board electronic device” (and many, many others) that don't even get OAs.


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