The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled six (VI) oral hearings for the month of January 2020. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. Briefs and other papers for each case may be found at TTABVUE via the links provided.
January 14, 2020 – 10 AM: In re WCM Industries, Inc., Serial No. 87555014 [refusal to register the three-dimensional product configuration of a bathtub overflow drain cap on the ground of Section 2(e)(5) functionality or, alternatively, lack of acquired distinctiveness].
January 21, 2020 – 11 AM: In re Antsy Labs LLC , Serial No. 87157508 [refusal to register the purported mark FIDGET CUBE for “Stress relief exercise toys” [CUBE disclaimed] on the ground of genericness].
January 22, 2020 – 1 PM: Barclays Capital Inc. and Barclays PLC v. TigerLlily Venture Ltd, Oppositions Nos. 91219477, 91219478, and 91219549 [Barclay’s oppositions to TigerLlily’s applications to register LEHMAN BROTHERS for beer, spirits, and bar and restaurant services, on the grounds of likelihood of confusion and dilution, false association, and lack of bona fide intent to use, in view of the previously used, identical mark for “securities brokerage services; investment consulting services; investment banking services; and merchant banking services;” consolidated with TigerLlily’s opposition to Barclay’s application to register LEHMAN BROTHERS for financial services, on the grounds of nonuse and lack of bona fide intent to use].
January 23, 2020 -11 AM: In re It’s Easy, Inc., Serial No. 87782192 and 87782213 [Failure-to-function refusals of IT’S EASY in standard form and in the design form shown below, for various services relating to obtaining passports, visas, other travel documents, license plates, and other such items].
January 28, 2020 – 11 AM: In re Steve Harrold, Serial No. 87631770 [Requirement that applicant disclaim the phrase ORGANIC NATURAL ENERGY in the word + design mark shown below, for “Meal replacements being a nutritional supplement in the form of bars, snacks, and shakes consisting primarily of organic and natural ingredients adapted for functional health benefit,” and for “organic nut based food bars; organic fruit based ready to eat food bar,” and other organic products].
January 28, 2020 – 2 PM: Progressive Beverages, Inc. v. Teeq Spirits LLC, Opposition No. 91238533 [Section 2(d) opposition to registration of TEEQ for “Alcoholic beverages, namely, distilled agave liquor” in view of the registered mark TEQ for “Korean distilled spirits (soju); shochu (spirits)”].
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TTABlog note: Any predictions? See any WYHA?s?
Text Copyright John L. Welch 2020.