The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight (8) oral hearings for the month of September 2022. The second and fourth hearings listed below will be held in person; the rest will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.
September 7, 2022 - 11 AM: Dutch Bros., LLC v. Denco Horeca Beheer B.V., Oppositions Nos. 91253828 and 91264452 [Section 2(d) opposition to registration of the marks shown below, for "energy drinks containing caffeine; energy drinks not for medical purposes," on the ground of likelihood of confusion with various DUTCH BROS. registered marks for coffee and energy drinks.]
September 8, 2022 - 11 AM (In Person): Caterpillar Inc. v. Puma S.C., Cancellation No. 92067079 [Petition for cancellation of a registration for the mark PROCAT for, inter alia, footwear and headbands, on the grounds of abandonment and likelihood of confusion with, an likelihood of dilution of, the registered mark CAT for overlapping clothing items.]
September 15, 2022 - 3:30 PM (ABA IPL Sections 10th Annual Trademark Day Event): In re Seminole Tribe of Florida, Serial No. 87890892 [Refusal to register the mark shown below, comprising "a building in the shape of a guitar," for “casinos” and “hotel, restaurant and bar services,” on the ground that the proposed mark is not inherently distinctive. [Note: the applicant's alternative Section 2(f) claim of acquired distinctiveness was accepted by the examining attorney].
September 16, 2022 - 3 PM (In Person at the University of Oregon Law School’s Portland Campus): Honest Tea, Inc. v. La Brisa Ince Cream Company, Opposition No. 91252873 [Section 2(d) Opposition to HONEST POP for "Frozen confections, namely, frozen fruit confections and frozen plant-based confections, all excluding frozen yogurt"in view of various HONEST-formative marks for coffee, tea, fruit juice, and other beverages including "juice slushy" products.]
September 21, 2022 - 1 PM: Sazerac Brands, LLC v. Bullshine Distillery LLC, Opposition No. 91227653 [Section 2(d) opposition to registration of BULLSHINE FIREBULL for "Alcoholic beverages except beers" in view of the registered mark FIREBALL for whiskey, whisky, and liqueurs, with counterclaims for fraud and genericness.]
September 22, 2022 - 1 PM: In re Matosantos Commercial Corporation , Serial No. 88718607 [Section 2(d) refusal of FRUIT & VEGGIE BLENDERS, in the stylized form shown below, for "Frozen fruits; Frozen vegetables," in view of the registered mark FRESH BLENDERS for “Fresh fruit and vegetables."]
September 23, 2022 - 11:30 AM (New Mexico CLE Event): Greater Orlando Aviation Authority v. Sanford Airport Authority, Oppositions Nos. 91234602 and 91235774 [Section 2(d) opposition to registration of ORLANDO SANFORD INTERNATIONAL AIRPORT, in standard character form [INTERNATIONAL AIRPORT disclaimed] and in the logo form shown first below [ORLANDO SANFORD and INTERNATIONAL AIRPORT disclaimed], for "airport services," in view of the mark ORLANDO INTERNATIONAL AIRPORT, in standard character form and in the registered logo form shown second below [INTERNATIONAL AIRPORT disclaimed] for "airport services."].
September 28, 2022 - 1 PM: In re Nike, Inc., Serial Nos. 88781464 and 88781470 [Refusals to register the mark shown below, absent a disclaimer of SNKRS, for "operating an online marketplace featuring footwear and clothing; on-line
retail store services featuring footwear and clothing; retail store
services featuring clothing and apparel; Pop-up retail store services
featuring clothing and footwear; providing consumer product information
and related news in the field of sneaker" and for "Providing recognition and incentives by the way of awards and contests to demonstrate excellence in the field of fashion and sneaker collection," on the ground that SNKR is generic, or alternatively, merely descriptive and lacking in acquired distinctiveness.]
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TTABlog comment: Any predictions? See any WYHAs or WYHOs or WYHPs?
Text Copyright John L. Welch 2022.
Opposition No. 91227653 is BULLSHINE FIREBULL not BULLSHINE FIREBALL.
ReplyDeleteIs it just me or is the first one a WYHA no brainer?
ReplyDeleteReally curious what Nike has to say that's worth oral argument. Unusual for oral argument in an ex parte appeal, no?
ReplyDeleteIs ORLANDO not primarily geographically descriptive?
ReplyDelete