The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled five (V) oral hearings for the month of September 2019. Four of the hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. The fifth (September 18th) will be held in the Auditorium. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

September 4, 2019 – 11 AM: In re Kahiki Foods, Inc., Serial No. 87648828 [Refusal to register the mark BOWL & STIX (in standard character form) for “Oriental and Pacific rim cuisine prepared foods …,” under Trademark Act Sections 1 and 45 on the ground that the specimen of use (below) does not show the mark depicted in the drawing, i.e., the drawing is not a substantially exact representation of the mark as shown on the specimen].

September 11, 2019 – 2 PM: Costa Farms LLC, Serial No. 87674168 [Section 2(d) refusal of GROW WITH US for “Live flowers and living plants,” in view of the identical mark registered for “Distributorship services in the field of wholesale horticulture supplies and accessories”].

September 12, 2019 – 11 AM: In re Omniome, Inc., Serial No. 87661190 [Section 2(e)(1) mere descriptiveness refusal of SEQUENCING BY BINDING for “reagents for analysis of biological analytes; research laboratory analyzers for analysis of biological analytes for non-medical purposes devices for analysis of biological analytes for medical purposes; analysis of biological analytes; development of new technology for others for analysis of biological analyte”].

September 18, 2019 – 11:30 AM: In re QVC, Inc., Serial No.86670074 [Refusal to register the standard character mark DENIM & CO. for “WOMEN’S CLOTHING, NAMELY, SHIRTS, DRESSES, SKIRTS, TOPS, BOTTOMS, SWEATERS, SHORTS, PANTS, JACKETS, LEGGINGS, T-SHIRTS MADE IN WHOLE OR SUBSTANTIAL PART OF DENIM; AND WOMEN’S CLOTHING, NAMELY, SHIRTS, DRESSES, SKIRTS, TOPS, BOTTOMS, SWEATERS, SHORTS, PANTS, JACKETS, LEGGINGS, T-SHIRTS MADE OF MATERIALS OTHER THAN DENIM ALL SOLD THROUGH INTERACTIVE TELEVISION AND INTERACTIVE ONLINE MEDIA WHEREIN THE CLOTHING PRODUCTS OFFERED FOR SALE ARE MODELED AND WHEREBY DETAILED INFORMATION REGARDING SUCH CLOTHING PRODUCTS IS PROVIDED INCLUDING INFORMATION AS TO THE FABRICS AND MATERIALS FROM WHICH SUCH CLOTHING PRODUCTS ARE MADE” [With the following disclaimer:”DENIM” FOR “WOMEN’S CLOTHING, NAMELY, SHIRTS, DRESSES, SHIRTS, TOPS, BOTTOMS, SWEATERS, SHORTS, PANTS, JACKETS, LEGGINGS,T-SHIRTS MADE IN WHOLE OR SUBSTANTIAL PART OF DENIM”] on the ground that the mark is deceptive under Section 2(a) as to the goods that do not contain denim, or in the alternative, on the ground that the word DENIM must be disclaimed].

September 25, 2019 – 11 AM: Disney Enterprises, Inc. v. United Trademark Holdings, LLC, Oppositions Nos. 91221648 and 91224985 [Section 2(d) opposition to registration of TEEN TINKER BELL and TEEN TINK & Design for dolls, in view of the registered marks TINKERBELL and TINK for a variety of goods, including dolls, doll accessories, doll clothes, and doll playsets].

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TTABlog note: Any predictions? See any WYHA?s?

Text Copyright John L. Welch 2019.