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 |
TTABulator 