The Trademark Trial and Appeal Board has scheduled six (VI) oral hearings for the month of March, as listed below. Four of the hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. The other two will be held at particular law schools, indicated below, as part of the PTAB/TTAB Stadium Tour Program. Briefs and other papers for these cases may be found at TTABVUE via the links provided.
March 1, 2016 – 11 AM: In re Crocs, Inc., Serial No. 86096875 [Section 2(d) refusal of FIND YOUR FUN for “on-line retail store services featuring footwear, socks, apparel, hospital scrubs, hats and headwear, bags, jewelry, pencil cases, phone and mp3 cases, shoe ornaments, sunglasses and eyewear,” in view of the registered mark FIND YOUR FUN! for various marketing and advertising services].
March 1, 2016 – 9:20 AM [University of Missouri School of Law, Columbia, Missouri]: In re Chicago Mercantile Exchange Inc., Serial No. 77199918 [Refusal to register CHI for “Investment services, namely, providing futures, options contracts related to hurricanes for trading on an exchange” on the ground that applicant’s specimen of use fails to show trademark use].
March 4, 2016 – 11:20 AM [University of Utah – S.J. Quinney College of Law, Salt Lake City, Utah]: Retail Royalty Company v Hawke & Company Outfitters LLC, Opposition No. 91197848 [Opposition to registration of the mark shown first below, for “Jackets, shirts, pants, swimwear, socks, hats, belts and scarves,” on the ground of likelihood of confusion with the three marks shown next below, for various clothing items].
March 15, 2016 – 10 AM: In re Volcano Corporation, Serial No. 85761716 [Section 2(d) refusal of DEFINE for “Medical and scientific research, namely, conducting clinical trials for others relating to measuring physiology using a pressure guide wire in percutaneous coronary intervention procedures, namely, clinical trials conducted by interventional cardiologists for analyzing and comparing data from current and new techniques employed by interventional cardiologists that measure physiological coronary and peripheral pressure by inserting pressure guide wires featuring small sensors into femoral and radial arteries to determine the severity of coronary and peripheral lesions during percutaneous coronary intervention procedures and whether coronary stenoses require further treatments, for the propose of exploring new indications in stable and unstable coronary artery disease, peripheral arterial disease and neurology and for the purpose of exploring economic outcomes of physiologic indices, all for the eventual improvement of diagnosing coronary and peripheral vascular disease by interventional cardiologists,” in view of the identical mark registered for “medical and scientific research, namely, conducting clinical trials and clinical studies relating to pharmaceutical preparations for human use”].
March 15, 2016 – 11 AM : In re Modern Woodmen of America, Serial No. 86125313 [Section 2(e)(1) mere descriptiveness refusal of FRATERNAL FINANCIAL for “Annuity underwriting; Banking; Financial administration of retirement plans; Financial advice; Financial analysis and consultation; Financial forecasting; Insurance agencies in the field of life insurance; Insurance agency and brokerage; Investment advisory services; Issuance and administration of annuities; Life insurance underwriting,” and denial of Section 2(f) claim].
March 15, 2016 – 11:30 AM: In re Magnesita Refractories Company, Serial Nos. 77873477 and 85834316 [Refusals to register the mark MAGNESITA for “refractory products not made primarily of metal …” and for “Providing information via a global computer network on constructing, maintaining, and repairing refractory apparatus using refractory product”on the ground of genericness. The English translation of the Spanish or Portuguese word “MAGNESITA” is “MAGNESITE” or “MAGNESIA.”]
