United States: TTAB Schedules 16 Oral Hearings For July 2017

Last Updated: July 19 2017
Article by John L. Welch

The Trademark Trial and Appeal Board has scheduled sixteen (16) oral hearings for the month of July 2017. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

July 11, 2017 - 11 AM: In re Tin Roof Brewing Company, LLC, Serial No. 86598212 [Section 2(d) refusal of TIN ROOF BREWING CO. for "Beer, ale, lager, stout and porter; Pale beer; Wheat beer" [BREWING CO. disclaimed], in view of the registered marks TIN ROOF for "wine" and THE TIN ROOF for "Bar and restaurant services," "Serving food and drinks," and "Tavern services."

July 11 2017 - 2 PM: Destileria Serralles, Inc. v. Kabushiki Kaisha Donq DBA Donq Co., Ltd., Opposition No. 91204129 [Opposition to registration of DONQ (Stylized) for retail a variety of food and beverages in Classes 29, 30 and 32 and food and beverage services (including providing alcohol) and retail and wholesale store services in Classes 43 and 35, on the grounds of likelihood of confusion with, and likely dilution of, the registered marks DON Q and formatives thereof, for rum].

July 12, 2017 - 10 AM: In re Serial Podcast, LLC, Serial Nos. 86454420 et al. [Refusal to register SERIAL in standard character and stylized form, for "Entertainment in the nature of an ongoing audio program featuring investigative reporting, interviews, and documentary storytelling," on the grounds of genericness, or alternatively mere descriptiveness and lack of acquired distinctiveness].

July 12, 2017 - 2 PM: In re Field Roast Grain Meat Company ., Serial No. 86831352 [Refusal to register CHAO for "non-dairy cheese composed primarily of filtered water, coconut milk and modified corn and potato starch, and seasoned with fermented tofu," on the grounds of genericness, or alternatively mere descriptiveness and lack of acquired distinctiveness

July 13, 2017 - 10 AM: Natural Organics, Inc. v. Naturally Plus Direct Marketing Pte. Ltd., Cancellation No. 92057613 [Petition to cancel three registrations for the mark NATURALLY PLUS in standard character and design forms, for "nutritional supplement" in view of the registered mark NATURE'S PLUS for "dietary supplements and vitamins"].

July 13, 2017 - 11 AM: In re Mitsubishi Electric Corporation, Serial No. 86326650. [Section 2(d) refusal of SLIMDIP for "Modules in the nature of power semiconductor devices for power line conditioner; integrated circuit modules for power line conditioner," in view of the registered mark SLIM for "semiconductors; computer hardware; integrated circuits; electronic system architecture and microelectromechanical system devices and structures, namely, programmable semiconductor chips"].

July 13, 2017 - 2 PM:  Paramount International Export Ltd. v. Q'Sai Co. Ltd., Opposition No. 91221593 (Section 2(d) opposition to register FUJI KALE and Design for "Preparations for making beverages, namely, kale drinks" [KALE disclaimed] in view of the registered marks FIJI in standard character and stylized forms for natural, spring, and artesian water].

July 19, 2017 - 11 AM: In eBet Limited, Serial No. 79175356 [Section 2(e)(1) mere descriptiveness refusal of EBET (Stylized) for "Card and ticket vending machines" and for, inter alia, automated teller machines; computer hardware for gaming machines, cash dispensing and receiving machines, bar code analysis, bar code, card, and ticket reading machines].

July 20, 2017 - 11 AM: In re GuidePoint Payroll Solutions, L.L.C., Serial No. 86645755 [Section 2(d) refusal of the mark shown below, for "Administration of business payroll for others; Payroll administration and management services; Payroll preparation; Payroll processing services; Wage payroll preparation" [PAYROLL SOLUTIONS disclaimed], in view of the registered mark GUIDEPOINT GLOBAL for "Information in business matters and business consulting and information services" [GLOBAL disclaimed].

July 25, 2017 - 11 AM: In re Raybon's Family Affair, Inc., Serial No. 86522060 [Section 2(d) refusal of CHICAGO'S CHICKEN COOP for "Fast-food restaurant services; Fast-food restaurants; Restaurant; Restaurant services; Restaurant services, including sit-down service of food and take-out restaurant services; Restaurant services, namely, providing of food and beverages for consumption on and off the premises; Restaurants; Take-out restaurant services," in view of the registered mark CHICKEN COOP for "Restaurant services and over-the-counter and take-out restaurant services"]. 

July 25, 2017 - 12 PM: In re Yamaha Hatsudoki Kabushiki Kaisha, Serial No. 86519028 [Section 2(d) refusal of EX-TRAS from "Vehicle parts, namely, shock absorbers" in view of the registered mark AUTO EXTRA and design for, in relevant part, "Parts and accessories for automobiles, namely, shock absorbers"].

July 25, 2017 - 2 PM: In re Guild Mortgage Company, Serial No. 86709944 [Section 2(d) refusal of the mark shown below for "mortgage banking services, namely, origination, acquisition, servicing,

securitization and brokerage of mortgage loans" [MORTGAGE COMPANY disclaimed] in view of the registered mark GUILD INVESTMENT MANAGEMENT for "Investment advisory services" [INVESTMENT MANAGEMENT disclaimed].

July 25, 2017 - 3 PM: In re Iron Hill Brewery, LLC, Serial No. 86682532 [Section 2(d) refusal to register THE CANNIBAL for beer, in view of the identical mark registered for "Restaurant services; Restaurant services, namely, providing of food and beverages for consumption on and off the premises."].

July 26, 2017 - 11 AM: In re Iron Hill Brewery, LLC, Serial No. 86684857 [Section 2(d) refusal of CRUSHER for "beer" in view of the registered mark THE CRUSHER for "wines"].

July 26, 2017 - 2 PM:  In re Handbag Republic Inc., Serial No. 86760580 [Section 2(d) refusal of TWENTY NINE for "handbags" in view of the registered mark 29 (Stylized) for "book bags, backpacks, duffle bags and tote bags"].

July 27, 2017 - 2 PM:  In re Khalid Akil White DBA BLKMPWR, Serial No. 86644303 [Section 2(d) refusal to register the mark shown below left for "t-shirts" in view of the registered mark shown below right for "hats and shirts"]. 

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