The Trademark Trial and Appeal Board (Tee-Tee-A-Bee) has scheduled five oral hearings for the month of May 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.

1189146a.jpg

May 12, 2022 - 12 PM:  In re Flexa Network Inc., Serial No. 90002396 [Section 2(d) refusal of FLEXA CAPACITY for "Providing electronic processing of collateralized cryptocurrency payments via a secure global computer network; collateralized cryptocurrency exchange services," in view of the registered mark CAPACITY  for, inter alia, "electronic payment, namely, electronic processing and transmission of bill payment data" and "exchange services in the nature of execution, clearing, reconciling and settlement of trade and financial transactions via a global network involving . . . securities . . . and/or related financial instruments."]

1189146b.JPG

May 17, 2022 - 11AM:  In re Layla Sleep, Inc., Serial No.88359361 [Refusal to register FLIPPABLE FIRMNESS for "Online retail store services featuring bed frames, foundations, mattresses, pillows, toppers, and bed sheets" on the ground that the specimen of use does not show use of the mark in connection with the services identified in the application.]

1189146c.JPG

May 18, 2022 - 1 PM: Evolutionary Guidance Media R&D Inc. v. Cyberman Security, LLC AKA The CyberHero Adventures: Defenders of the Digital Universe, Oppositions Nos. 91249427 and 91253845 [Section 2(d) oppositions to registration of CYBERHERO  for video game software and accessories and THE CYBERHERO ADVENTURES DEFENDERS OF THE DIGITAL for "comic books," in view of the registered mark CYBERHERO LEAGUE and the common law mark CYBERHERO for educational gaming services and toys, games, and gaming materials and devices.]

1189146d.JPG

May 19, 2022 - 12 PM:  In re Jeanette Conrad-Ellis, Serial No. 90002764 [Section 2(d) refusal of THE BLACK DIAMOND SERIES for "a series of fiction books for teen girls, excluding cartoon science fiction books and comic books" [SERIES disclaimed] in view of the registered mark THE BLACK DIAMOND EFFECT for a "cartoon science fiction books and comic books."]

1189146e.JPG

May 25, 2022 - 1 PM:  In re Walrus Rodeo LLC, Serial No. 88728723 [Section 2(d) mere descriptiveness refusal of GOLDN PAYDIRT for "Gold; Gold bullion; Gold ore; Gold and its alloys; Gold, unworked or semi-worked; Gold, unwrought or beaten; Palladium; Palladium and its alloys; Precious metals; Precious metals and their alloys; Precious metals, unwrought or semi-wrought; Silver; Silver bullion; Silver ore; Alloys of precious metal; Platinum; Unworked or semi-worked gold" and "Mining exploration and mineral exploration services in the field of metals; Geological prospecting."]

1189146f.JPG

The TTABlog

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.