The Trademark Trial and Appeal Board (TTAB) has scheduled four (4) oral hearings for the month of December 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.
December 5, 2017 -10 AM: In re Pontet Allano Et Associes Selarl De Conseils En Propriete Industrielle , Serial No. 79165769 [Section 2(d) refusal to register the mark APOGÉE for “Perfumery; Perfumery products, namely, oils for perfumes and scents, perfumes; toilet water; eaux de parfum; eaux de Cologne; all of the foregoing for non-professional use and sold only within Louis Vuitton Malletier stores, on Louis Vuitton Malletier’s website and within Louis Vuitton Malletier’s store-within-store partnerships with high-end retail stores within Louis Vuitton Malletier’s exclusive distributor network,” on the ground of likelihood of confusion with the registered marks ApHOGEE (stylized) and APHOGEE (standard characters) for hair care preparations].
December 6, 2017 – 11 AM: CrossFit, Inc. v. Ralph Haeusler, Opposition No. 91220565 [Opposition to registration of the mark CROSSBOX for various clothing items in class 25, bread and pastries in class 30, and conducting sports competitions in class 41, on the grounds of lack of bona fide intent and likelihood of confusion with the allegedly famous mark CROSSFIT, registered for clothing, informational services in the field of nutrition, and entertainment in the nature of sports competitions].
December 13, 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)].
December 14, 2017 – 2 PM: In re Spliffin Hardware Incorporated, Serial Nos. 86295331, 86295327, and 86295324 [Refusal to register the mark SPLIFFIN for “Disposable and reusable cartridges sold filled with propylene glycol containing vaporizable nicotine, for use with portable vaporizing units in the nature of electronic cigarettes and smokeless cigarette vaporizer pipes” in class 1, “Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes; chemical flavorings in liquid form used to refill electronic cigarette cartridges” in class 30, and “Electronic cigarette refill cartridges sold empty; tobacco substitutes” in class 34, on the ground that the goods are not in lawful use in commerce because they consist of and include marijuana, THC and drug paraphernalia, and therefore constitute a per se violation of the federal Controlled Substances Act (CSA)].