The Trademark Trial and Appeal Board (TTAB) has scheduled five (5) oral for the month of April 2019. Four of the hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. The hearing on April 16th will be held at Georgia State University College of Law in Atlanta. Briefs and other papers for these cases may be found at TTABVUE via the links provided.
April 9, 2019 – 1 PM: OnePoint Patient Care, LLC v. Millennium Pharmaceuticals LLC, Opposition No. 91228995 [Opposition to registration of the mark 1 POINT for “Business administration of patient reimbursement program; Business administration of medication reimbursement programs; Providing insurance information and insurance reimbursement information; providing financial assistance for prescription cost; Providing medical and scientific research information to patients relating to the management of hematological malignancies, cancer, auto-immune and inflammatory diseases and disorders and regarding pharmaceutical products relating to the management of hematological malignancies, cancer, auto-immune diseases and inflammatory diseases and disorder; Providing medical information to patients relating to the management of hematological malignancies, cancer, auto-immune and inflammatory diseases and disorders; providing medical information regarding medical services and therapeutic properties of pharmaceutical products to patients relating to the management of hematological malignancies, cancer, auto-immune diseases and inflammatory diseases and disorders,” in view of the registered mark OnePoint Patient Care, in standard character and design form, for “Pharmacy services for hospice providers and institutional healthcare facilities”].
April 11, 2019 – 1 PM: Carl’s Junior Restaurants LLC v. Burma Super Star Inc., Opposition No. 91226465 [Opposition to registration of BURMA SUPERSTAR for: “restaurants; non-alcoholic beverages, namely, carbonated beverages; ginger ale; ginger beer; ginger lemonade; ginger flavored beverages; salad dressing; tea leaf snack bars; coconut rice, namely, cooked rice prepared with coconut milk; tea leaf-based snack foods, namely, tea leaf clusters; tea leaf salads in the nature of vegetable salads; lotus chips in the nature of vegetable chips; pre-cooked curry stew; packaged entrees consisting primarily of meat, fish, poultry or vegetables; prepared entrees consisting primarily of meat, fish, poultry or vegetables; frozen entrees consisting primarily of meat, fish, poultry or vegetables; nut and seed snack mix; prepared nut and seed mix for topping salads,” on the grounds of non-ownership, abandonment through naked licensing, and likelihood of confusion with and likely dilution of the registered marks SUPER STAR and SUPER STAR REWARDS, STAR-containing Marks, and Star Design Marks for restaurant services and various food items].
April 15, 2019 – 2 PM: Citizens for the Fair Us of “Ocala Horse Properties” v. Ocala Horse Properties, Cancellation No. 92061767 [Petition for cancellation of a registration for the mark OCALA HORSE PROPERTIES for “Real estate agencies; Real estate brokerage” on the grounds of genericness, mere descriptiveness, and fraud].
April 16, 2019 – 1:40 PM: Ashland Licensing & Intellectual Property LLC v. Sunpoint International Group USA Corp., Cancellation No. 92057294 [Petition for cancellation of a registration for the mark MAXVOLINE for “lubricants for automobiles” on the grounds of abandonment, nonuse, and likelihood of confusion with the conjointly used and registered marks VALVOLINE and MAXLIFE for lubricants].
April 24, 2019 – 1 PM: In re Ocean Technology, Inc., Serial Nos. 87405201, 87405211, and 87405233 [Refusals to register the marks shown below for “crabmeat” [CRAB and CRABMEAT disclaimed] on the grounds that the marks are merely informational and that applicant failed to satisfy a Rule 2.61(b) request for information about the nature of the goods].
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TTABlog note: Any predictions? See any WYHA?s?
Text Copyright John L. Welch 2019.