Friday, April 02, 2021

TTAB Posts April 2021 (Virtual) Hearing Schedule

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled five (5) oral hearings for the month of April 2021. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.

April 6, 2021 - 1 PM: The Coca-Cola Company v. Robert Troy Hoff, Opposition No. 91244286 [Opposition to registration of the mark CONCEAL-CARRY REGISTERED HANDGUN in the stylized form shown below, for "Hats; Hoodies; Jackets; Jerseys; Sweaters; T-shirts; Graphic T-shirts; Short-sleeved or long-sleeved t-shirts; Sports jerseys," on the ground of likelihood of confusion with, and likely dilution of, opposer's mark COCA-COLA in Spencerian script, for beverage products
and a wide variety of other goods, including clothing.]

April 7, 2021 - 11 AM: In re Electronic Payments Inc. DBA Electronic Payments, Serial No. 87239532 [Refusal to register the purported mark ELECTRONIC PAYMENTS for "“Business to business commerce services, namely, providing a network of independent sales representatives that earn bonus incentives to promote multi-function point of sale credit card and debit card processing equipment and supplies to merchants that enable payment authorization processing and inventory management solutions for merchants; and not available to cardholder markets," on the ground that the mark fails to function as a service mark and is generic, or alternatively is merely descriptiveness and lacks acquired distinctiveness]. 

April 7, 2021 - 3 PM: In re Powin Energy Corporation, Serial No. 878734339 [Section 2(e)(1) mere descriptiveness refusal of STACK for "Modular energy storage system for managing electrical power comprised of battery cells and an electronic regulator that monitors and controls the charging and discharging of rechargeable batteries."]

April 15, 2021 - 1 PM: Garan Services Corp. v. The Ultimate Green Store, LLC, Opposition No. 91239649 [Opposition to registration of ORGANIMALS for "Textiles, namely, bed blankets and baby swaddling blankets, and textile goods, namely, bed sheets, duvet covers, comforters, mattress pads and mattress protectors, in the nature of mattress covers, for adults, children and infants" and for "Clothing, namely, baby clothing in the nature of one-piece garment for infants and toddlers, newborn skullcaps, newborn booties, baby pajamas, adult pajamas and adult bathrobes," on the grounds of lack of bona fide intent and likelihood of confusion with the registered mark GARANIMALS for overlapping goods].

April 27, 2021 - 1 PM: In re PACT Pharma, Inc., Serial Nos. 88686146, 88686147, and 88686151 [Section 2(d) refusals to register the marks PACT and PACT PHARMA in standard form, and PACT (stylized) (shown below) for various pharmaceutical preparations, on the ground of likelihood of confusion with the registered mark PACT for scientific research and development services.]

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TTABlog comment: Any predictions? See any WYHA?s

Text Copyright John L. Welch 2021.


At 3:36 PM, Anonymous Anonymous said...

How does a mark that copies the COCA-COLA logo get through the USPTO examiner?

Do examiners not have to do search for similar logos or designs? Her comment in an email during examination was "For the most part, the application looks great."

How can an examiner not be aware of the COCA-COLA stylization?


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