TTAB Posts April 2014 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled eight (VIII) oral hearings for the month of April, as listed below. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia [except for the April 25th hearing in the Promark case, which will be held at the Fordham IP Conference in New York City] . The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

April 10, 2014 - 2 PM: 3M Company v. Professional Gallery, Inc., Opposition No. 91173411 [Opposition to FLAG-IT! for "adhesive-backed labels; adhesive-backed plastic film designating signatory action" on the grounds of likelihood of confusion with, and likelihood of dilution of, the registered mark POST-IT for various stationery products, including note pads containing adhesive on one side of the sheets for attachment to surfaces].

April 22, 2014 - 11 AM: In re Rolled Alloys, Inc., Serial No. 85223044 [Refusal to register ROLLED ALLOYS for "specialty metals and metal alloys for further manufacturing by others" on the grounds of genericness and, alternatively, mere descriptiveness and lack of acquired distinctiveness].

April 22, 2014 - 2 PM: In re Nieves & Nieves LLC, Serial No. 85179243 and 85179263 [Refusals to register PRINCESS KATE and ROYAL KATE for jewelry, bedding, wallets, handbags, and the like, and clothing, on the grounds that (1) under Section 2(a) because the mark may falsely suggest a connection with Catherine, Duchess of Cambridge, the wife of Prince William of England, and (2) under Section 2(c) because the mark consists of or includes a name, portrait, or signature identifying a particular living individual whose written consent to register the mark is not of record].

April 24, 2014 - 10 AM: In re PixelMags, Inc., Serial No. 85379299 [Section 2(d) refusal to register READR for "Computer application software for mobile phones, portable media players and portable computers, namely, software for viewing digital magazines" on the ground of likelihood of confusion with the registered mark READER for “computer software for page recognition and rendering for use in viewing, printing, navigating, editing, annotating and indexing electronic documents, filling in and submitting forms on-line, and transferring electronic documents via a local or global communications network; computer e-commerce software to allow users to perform electronic business transactions via a local or global communications network; computer software for the encryption and access control of electronic documents; and instructional books and manuals sold as a unit therewith”].

April 25, 2014 - 10:30 AM: Promark Brands Inc. and H.J. Heinz Company v. GFA Brands, Inc., Opposition No. 91194974 [Opposition to registration of SMART BALANCE for frozen entrees and for various snack foods and desserts, on the grounds of likelihood of confusion with, and likelihood of dilution of, the registered mark SMART ONES for various types of frozen foods, including entrees, desserts, ready-to-eat wraps, pizzas, and breakfast foods].

April 30, 2014 - 10 AM: In re LAMB-GRS LLC, Serial No. 77756492 [Section 2(a) refusal to register the mark L.A.M.B. for various clothing items on the ground of deceptiveness].

April 30, 2014 - 11 AM: In re Snowflake Factory, LLC, Serial No. 85486420 and 85486419 [Section 2(d) refusal to register OFF LEASH for "Non-alcoholic beverages, namely, carbonated beverages; non-alcoholic beverages containing fruit juice; non-alcoholic beverages with tea flavor; fruit-based beverages; water beverages" in view of the registered mark OFF THE LEASH PURE ENERGY for "energy drinks"].

April 30, 2014 - 2 PM: Beeology, LLC v. David Rzepka dba Beetanicals LLC, Cancellation No. 92054225 [Petition for cancellation of a registration for BEECOLOGY for "Anti-aging cream; Anti-aging creams; Bar soap; Beauty creams; Body cream; Body creams; Face creams; Hair conditioner; Hair conditioners; Hair rinses; Hand cream; Lip balm; Lip balm; Liquid soap; Liquid soaps; Shampoo-conditioners; Shampoos; Skin care preparations, namely, body balm" in view of the previously-used mark BEEOLOGY for body soap, beauty creams, body creams, face creams, hand cream, lip balm, shampoo-conditioner, and body balm].

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Text Copyright John L. Welch 2014.