United States: TTAB Schedules Nine (9) Oral Hearings For September 2017

Last Updated: September 12 2017
Article by John L. Welch

The Trademark Trial and Appeal Board (TTAB) has scheduled nine (9) oral hearings for the month of September 2017. All but one of the hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. The hearing on September 27th at 1 PM in the Grote v. Truck-Lite case will be held at the University of Minnesota Law School in Minneapolis. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

September 6, 2017 - 2 PM: Kimberly-Clark Worldwide, Inc. v. Matosantos Commercial Corp., Opposition No. 91218800 [Opposition to registration of the mark shown below left, in view of the registered mark shown below right, both for for "toilet paper," on the grounds of likelihood of confusion under Section 2(d) and false association under Section 2(a)].

September 7, 2017 - 2 PM: Peoples Club of Nigeria International Princeton Junction, NJ Branch, Inc., Peoples Club of Nigeria International-Miami Branch and Peoples Club of Nigeria International-Chicago Branch v. Peoples Club of Nigeria International, Cancellation No. 92059944 [Petition for cancellation of a registration for the service mark shown below, for "Social club services, namely, arranging, organizing, and hosting social events, get-togethers, and parties for club members," on the ground of priority and likelihood of confusion with the identical mark used by petitioners, and on the ground of fraud].

September 12, 2017 - 12 PM: In re Apparatus LLC, Serial No. 86443209 [Refusal to register APPARATUS for various types of lamps, on the grounds of genericness or, alternatively, mere descriptiveness and lack of acquired distinctiveness, and on the ground that applicant failed to submit a proper specimen of use].

September 12, 2017 - 2 PM: Durrset Amigos, Ltd. d/b/a Amigos Foods v. Amigos Meat Distributors, L.P., Cancellation No. 92060896 [Petition for cancellation of a registration for the mark AMIGOS FOODS for "Wholesale distributorships featuring meat products" [FOODS disclaimed], on the grounds of likelihood of confusion with, and likelihood of dilution of, the registered mark AMIGOS (Stylized) and the common law mark AMIGOS FOODS for "Prepared Tortillas, Taco Sauce, Picante Sauce (Hot Sauce) and Taco Shells" and "Manufacturing and Packaging Food to the Order and Specification of Others"].

September 13, 2017 - 2:30 PM: Hokie Objective Onomastics Society LLC v. Virginia Polytechnic Institute and State University, Opposition No. 91207895 [Opposition to registration of the mark HOKIE for "Education and entertainment services, namely, providing courses of instruction at the university level; educational research; arranging and conducting athletic competitions, organizing exhibitions for educational purposes in the nature of scientific shows and school fairs, conducting educational conferences in the field of math, politics, sociology, physics, chemistry and science and distributing course materials in connection therewith; live performances by a musical band and festivals featuring a variety of activities, namely, arts, music, dance, drama, sports and athletics," on the grounds of genericness, fraudulent misuse of the R symbol, and abandonment through naked licensing].

September 27, 2017 - 1 PM: Grote Industries v. Truck-Lite Co., LLC, Opposition No. 91196923 and Cancellation No. 92053498 [Consolidated proceeding involving an opposition to registration of the product design shown below left, for "Electric lighting fixtures, namely, lights for vehicles," and a petition for cancellation of a registration for the product design shown below right, for "Lighting products for vehicles, namely, a combined stop-turn-tail lamp," on the grounds of Section 2(e)(5) functionality, ornamentality and lack of acquired distinctiveness, and fraud].

September 27, 2017 - 2 PM: RxD Media, LLC v. IP Application Development LLC, Opposition No. 91207333 [Section 2(d) opposition to registration of IPAD for various business and computer services, including storage and retrieval of data, in view of opposer's prior use of the identical mark for ""providing temporary use of a web-based software application for mobile-access database management whereby users can store and access their personal information"].

September 28, 2017 - 11 AM: In re Formula 7Venz LLC, Serial No. 86264786 [Refusals of MAUI ISLAND SECRET for "Sun tan cremes, lotions, oils and gels, sun browning creme and oil, after sun suntan sealing lotion and non-medicated gel for the treatment and relief of sunburns, sold in retail stores of others," under Section 2(d) in view of the registered mark MAUI ISLAND FORMULA for "non-medicated skin and hair care preparations," and due to applicant's failure to provide a satisfactory specimen of use for the identified goods].

September 28, 2017 - 1 PM: In re ACM Records, Inc., Serial No. 86563789. [Section 2(d) refusal of ACM RECORDS for audio recordings and musical production services in view of the registered marks ACM, ACM AWARDS, and THE ACM EXPERIENCE, owned by the same entity, for various musical entertainment services.

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