The Trademark Trial and Appeal Board has scheduled seven (7) oral hearings for the month of November 2016. 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.
November 3, 2016 – 10 AM: In re Orbit Irrigation Products, Inc., Serial Nos. 85945749 et al. [Refusals to register the color green as applied to a top portion of a sprinkler head and contrasting with the adjoining portion of the sprinkler head, on the ground that the proposed marks lacks acquired distinctiveness under Section 2(f)]. [Isn’t it functional? What color would you want your sprinkler heads to be? – ed.].
November 15, 2016 – 11 AM: In re Prosser, Inc. , Serial Nos. 86425269 and 86415217 [Section 2(d) refusal to register TRUE VELOCITY for “Polymer-based center fire rifle cartridges meeting military specifications and provided solely in connection with Department of Defense, governmental and military use in automatic machine guns and semi-automatic machine guns, excluding all other ammunition, shotgun shells and shotgun shell shot” in view of the registered mark VELOCITY for “ammunition; shotgun shells; shotgun shell shot”].
November 15, 2016 – 2 PM: American Council on Exercise v. William John Martin, Opp. No. 91203539 [Opposition to registration of ACE WATER for drinking water on the ground of likelihood of confusion with the registered marks ACE and ACE AMERICAN COUNCIL ON EXERCISE for educational materials and other goods in the field of physical fitness, and on the ground of lack of bona fide intent].
November 16, 2016 – 10:30 PM: In re Southern Wine & Spirits of America, Inc., Serial No. 86326950 [Section 2(d) refusal of the mark shown below [WINE & SPIRITS OF AMERICA DISCLAIMED], for “distributorship services in the field of wine, spirits and other alcoholic beverages” in view of the registered mark COASTAL PACIFIC FOOD DISTRIBUTORS for “Distributorship services in the field of food” [FOOD DISTRIBUTORS disclaimed].
November 17, 2016 – 1 PM: In re Utility Associates, Inc. , Serial No. 86389465 [Failure to disclaim the merely descriptive word BODYWORN in the mark shown below, for “Cameras; Cellular phones; Digital cameras; Microphones” and for “Application service provider (ASP) featuring software for use with wireless mobile devices for use in obtaining, recording, storing and maintaining data and other records and evidence, including video and audio; Consulting services in the field of collection of evidence for forensic purposes; Providing information in the field of collection of evidence for forensic purposes”].
November 17, 2016 – 2 PM: In re Kohr Brothers, Inc., Serial No. 85430114 [Refusal to register, under Sections 1 and 45 of the Trademark Act, the mark CONEY ISLAND BOARDWALK CUSTARD for “Frozen desserts, namely, frozen custards” due to failure to file an acceptable specimen of use].
November 29, 2016 – 2 PM: Unilever PLC v. Technopharma Limited, Cancellation No. 92056654 [Petition to cancel a registration for the mark NEW YORK FAIR AND LOVELY for “Skin soaps, skin cleansers, cosmetics” in Class 3, and for “Medicated skin creams and medicated skin lotions” in class 5, on the ground that respondent was not lawfully using the mark for the identified goods when it filed its Section 8 Declaration of Use].
