TTAB Posts June 2022 (Video) Hearing Schedule
The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six oral hearings for the month of June 2022. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.
June 7, 2022 - 11 AM: Spring Meadow Nursery, Inc. v. Plant Development Services, Inc., Opposition No. 91252622 [Section 2(d) opposition to registration of JEWEL BOX for "live plants, namely, distylium," in view of the registered marks GEM BOX and JUKE BOX for "live plants."]
June 16, 2022 - 1 PM: DC Comics v. Cellular Nerd LLC dba Cellular Nerd, Opposition No. 91246950 [Opposition to registration of the mark shown below, for "Installation, maintenance and repair of cell phone related hardware" on the grounds of likelihood of confusion with, and likely dilution of, the S-shield design mark of the Superman character].
June 21, 2022 - 10 AM: In re Panini America, Inc., Serial No. 90013399 [Refusal to register THE ROOKIES on the Supplemental Register, for "Collectible trading cards; Sports trading cards"[ROOKIES Disclaimed] on the ground of genericness].
June 23, 2022 - 2 PM: Guess?IP Holder L.P. and Guess?, Inc. v. JHO Intellectual Property Holding, LLC, Serial No. 90002764 [Section 2(d) opposition to registration of GUESS for dietary and nutritional supplements, energy drinks, and sports drinks, in view of opposer's alleged common law rights in the mark GUESS for spring water and bottled water.]
June 29, 2022 - 1 PM: Shawn Hayden v. WorkSuites - IP Holdings LLC, Opposition No. 91249435 [Section 2(d) opposition to registration of WORKSUITES for providing virtual office services and leasing of office space, in view of the registered mark SUITEWORK for rental of office space and management services regarding same.]
June 30, 2022 - 11 AM: Major League Baseball Players Association v. Michael P. Chizena, Oppositions Nos. 91240180, 91242556, and 91243244 [Opposition to registration of HERE COMES THE JUDGE, ALL RISE, and the design mark shown below, for various clothing items, on the ground of likelihood of confusion with, and likelihood of dilution-by-blurring of, the marks ALL RISE, HERE COMES THE JUDGE, JUDGE, and marks containing a combination of baseball and judicial indicia, owned by New York Yankee Aaron Judge, and also on the ground of false association under Section 2(a).]
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TTABlog comment: Any predictions? See any WYHAs or WYHOs?
Text Copyright John L. Welch 2022.
posted by John L. Welch @ 6/02/2022
2 comments
2 Comments:
In the appeal concerning THE ROOKIES, how do you think the Board is going to handle the applicant's assertion, made before the recent Exam Guide, that "[t]he Examining Attorney has the burden of proving genericness by 'clear evidence.'"?
The CAFC in Cordua Restaurant said that the PTO must provide "clear and convincing evidence" of genericness. That's the law. The PTO's exam guide is not the law.
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