The Trademark Trial and Appeal Board (TTAB) has scheduled five (5) oral hearings for the month of January 2018. 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.
January 11, 2018 – 11 AM: Standard Tools and Equipment Co. v. Dropship LLC DBS Tool USA, Opposition No. 91222920 [Section 2(d) opposition to registration of TOOL USA.COM & Design for “Manually operated hand tools, namely, hammers, trowels, sanding wire wool, drill accessories, namely, bits for hand drills” [TOOLS and USA.COM disclaimed] in view of the mark TOOLS USA, registered on the Supplemental Register for “equipment catalogs for vehicle repair shops” [TOOLS disclaimed], and the registered mark TOOLS USA & Design [TOOLS USA disclaimed] for “equipment catalogs for vehicle repair shops”].
January 11, 2018 – 2 PM: Trek Bicycle Corporation v Celestron Acquisition LLC, Oppositions Nos. 91213696, 91213957, and 91213962 [Section 2(d) oppositions to registration of TREKGUIDE for “Barometers; Magnetic compasses; Thermometers, THERMOTREK for “electric hand warmers,” and TREKCEL for “Transformers; Portable electrical power chargers for cell phones, smart phones, tablet computers, MP3 players and wireless headsets,” in view of the registered mark TREK and formatives thereof for bicycles and cycling accessories].
January 18, 2018 – 11 AM: In re NuWave LLC, Serial No. 86761651 [Refusal to register the product configuration shown below for “electric induction cooktops” on the ground that the applicant’s evidence failed to establish that the configuration has acquired distinctiveness under Section 2(f).
January 18, 2018 – 2 PM: In re Branded LLC, Serial Nos. 86529647 [Refusal to register TWEEDS for “shirts; sweaters” on the ground of genericness].
January 24, 2018 – 10 AM: In re FabFitFun, Inc., Serial No. 86847381 [Section 2(d) refusal of the mark I’M SMOKING HOTfor cosmetics and personal care products SMOKIN’ HOT SHOW TIME for”cosmetics; mascara”].