Recent TTAB decisions & activity of note from TTABulator.com

In the last week (1/16 – 1/23), the TTAB issued several final decisions, including numerous ex parte appeals, and also issued several discovery and other procedural rulings.* Here is the activity of note from the TTAB in the last week.

Proceeding Number

Date

TTAB Action

Notes

91197659

01/17/2012 PL`S MOT. FOR SUMM. JUDGMENT DENIED Motion for Summary Judgment on issue of Applicant’s bona fide intent to use denied

94002395

01/20/2012 BD`S DECISION: FAVORABLE TO APPLICANT Concurrent use registrations granted by Board pursuant to settlement agreements between the parties

77508734

01/17/2012 BOARD`S DECISION: AFFIRMED Refusal of Applicant’s specimens for restaurant services affirmed

77643857

01/18/2012 BOARD`S DECISION: AFFIRMED [Precedential] Refusal of application by District of Columbia to register a mark comprising its official seal affirmed under Section 2(b) of the Trademark Act. (“This appeal  raises an issue of first impression:  Does Trademark Act § 2(b) bar registration of such a mark when the applicant is a government entity seeking to register its own flag, coat of arms, or other insignia?  We conclude that it does, and we accordingly affirm the refusal to register.

77660948

01/18/2012 BOARD`S DECISION: AFFIRMED [Precedential] Refusal of registration of seal of City of Houston under Section 2(b) affirmed

77666448

01/19/2012 BOARD`S DECISION: AFFIRMED Refusal under Section 2(d) affirmed

77812771

01/17/2012 BOARD`S DECISION: AFFIRMED Refusal under Section 2(d) affirmed

77870089

01/19/2012 BOARD`S DECISION: AFFIRMED Refusal under Section 2(d) affirmed

77879157

01/18/2012 BOARD`S DECISION: AFFIRMED Refusal under Section 2(d) affirmed

77939659

01/20/2012 BOARD`S DECISION: AFFIRMED Refusal of design mark under Section 2(d) affirmed

85005921

01/17/2012 BOARD`S DECISION: AFFIRMED Refusal under Section 2(d) affirmed

85010558

01/17/2012 BOARD`S DECISION: AFFIRMED Disclaimer requirement of “sport couture” for clothing goods affirmed

91183151

01/17/2012 SUSPENDED PENDING DISP OF OUTSTNDNG MOT Parties’ stipulations and amendments denied because some of the signatures lacked proper title or a date

91194658

01/20/2012 TRIAL DATES RESET Opposer ordered to provide some supplemental discovery responses covering a period of 10 years; Opposer order to produce unredacted copies of some materials

91199688

01/17/2012 TRIAL DATES RESET Applicant’s motion to set aside default granted

91200125

01/21/2012 TRIAL DATES RESET Motion to dismiss for failure to state a claim denied in part, granted in part with Opposer given time to amend fraud allegation

91200208

01/17/2012 TRIAL DATES RESET Applicant’s motion to set aside notice of default is granted

91201414

01/19/2012 TRIAL DATES RESET Applicant motion to amend mark to delete design element denied as a material alteration

91201459

01/18/2012 TRIAL DATES RESET Applicant’s motion to set aside not of default is granted

91195992

01/19/2012 BD`S DECISION: DISMISSED W/ PREJUDICE Opposer’s motion for relief from final judgment under Fed. R. Civ. P. 60(b)(1) granted in part but proceeding still dismissed for failure to prosecute

91198687

01/21/2012 BD`S DECISION: DISMISSED W/ PREJUDICE Board granted consented motion to amend mark

91158276

01/12/2012 COMMISSIONER`S DECISION Petition to Director denied following  Board denial of 3rd amended petition to cancel

91195961

01/18/2012 CROSS-MOTIONS FOR SUMMARY JUDGEMENT DENIED Cross-Motions for summary judgment denied in Opposition filed by Van Halen band regarding the mark KELLYVANHALEN

91197983

01/17/2012 CROSS-MOTIONS FOR SUMMARY JUDGMENT DENIED Cross-Motions for summary judgment denied

92054486

01/20/2012 D`S MOTION TO AMEND DEFERRED/TRIAL DATES RESET

91200896

01/19/2012 JUDGMENT VACATED; ANSWER DUE applicant’s motion to set aside the notice of default is granted, and opposer’s motion for default judgment is denied

94002242

01/19/2012 PROCS RESUMED; TRIAL DATES RESET Motion to strike testimony as untimely granted

91201295

01/20/2012 P`S MOTION TO AMEND PLEADINGS GRANTED; PROCEEDINGS SUSPENDED FOR SETTLEMENT Opposer’s Motion for leave to add claim of dilution granted

92053855

01/18/2012 RESPONSES DUE AS INDICATED Motion to dismiss fraud claim under Fed. R. Civ. P. 12(b)(6) granted, petitioner given time to submit amended pleading

92053501

01/21/2012 PROCEEDINGS RESUMED Respondent’s Motion  to compel granted in part
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