Last week (1/31 – 2/03), the TTAB issued several final decisions and also issued several discovery and other procedural rulings.
Several important and interesting decisions on procedural and discovery issues are highlighted in bold.
Here is a rundown of the activity of note from the TTAB in the last week (click link on TTAB action to open Board opinion):
| Proceeding Number | Date | TTAB Action (click link to open PFD from TTABvue) | Precedent | Notes
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| 77704628 | EXA | 1/30/2012 | BOARD`S DECISION: AFFIRMED | n | Refusal to register DOMINANT BUCKS as descriptive affirmed | |||
| 77803520 | EXA | 2/1/2012 | BOARD`S DECISION: AFFIRMED | n | ORTHOROBITS for ‘medical surgery’ descriptiveness refusal affirmed | |||
| 77907213 | EXA | 1/31/2012 | BOARD`S DECISION: AFFIRMED | n |
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| 77929696 | EXA | 2/3/2012 | BOARD`S DECISION: AFFIRMED | n | refusal of LUCKY PAWS (pet treats) under Sect 2(d) with LUCK PAWZ (“pet boarding services; pet day care services”) affirmed | |||
| 77943347 | EXA | 2/2/2012 | BOARD`S DECISION: AFFIRMED | n | descriptiveness refusal of SMART VAC (manufacture of industrial vacuum vehicles to order and/or specification of others”) affirmed | |||
| 77842712 | EXA | 1/31/2012 | BOARD`S DEC: AFFD IN PART/RVRSD IN PART | n | PETTICOAT VINTAGE (women’s clothing) refusal as descriptive affirmed; refusal as deceptively misdescriptive reversed | |||
| 92053902 | CAN | 2/1/2012 | TRIAL DATES RESET | n | amendments to registrations filed prior to filing of petition for cancellation were proper; petitioner’s granted leave to amend the petitions to correlate with the amended descriptions | |||
| 91196684 | OPP | 2/3/2012 | TRIAL DATES RESET | n | Applicant’s objection to telephone conference with intelocutory attorney denied; regarding Opposer’s motion to strike portions of Applicant’s reply brief, “The Board finds that applicant’s statements in her reply impugn opposer’s counsel’s moral character and are impertinent and scandalous, and therefore, improper” and thus disregarded but did not strike them; Applicant’s motion to discovery santions found to be premature and given no consideration; Applicant’s motion to compel denied as applicant failed to make good faith effort to meet and confer prior to filing the motion; Applicant required to obtain leave of the Board prior to the filing of any pretrial motions. | |||
| 92046786 | CAN | 1/30/2012 | BOARD`S DECISION: DISMISSED | Y | Petitions to canel SWISS and SWISS made for certification marks for time pieces and parts denied on several grounds. | |||
| 92052285 | CAN | 2/3/2012 | BOARD`S DECISION: DISMISSED W/ PREJUDICE | n | Previous show cause order issued after petitioner failed to file brief is rescinded; but briefing period not reopened and since Petitioner failed to submit brief or any testimony or a motion to suspend for settlement discussions, the Petition to Cancel is dismissed with Prejudice. | |||
| 92054111 | CAN | 2/3/2012 | BOARD`S DECISION: DISMISSED W/O PREJ | n | Respondent’s amendment to the restrict the goods in its registration is granted; proceeding dismissed without prejudice | |||
| 94002137 | CNU | 2/2/2012 | AMDTS APPROVED; RESPONSE DUE 60 DAYS | n | The parties’ concurrent use settlement agreement submitted found insuffiicent to resolve the parties’ concurrent rights; parties allowed 60 days to submit a revised agreement | |||
| 91196220 | OPP | 2/3/2012 | AMENDMENT TO APPLICATION; DENIED | n | Applicant’s motion to amend design mark denied as it constitutes a material alteration | |||
| 92053537 | CAN | 1/27/2012 | CONSOLIDATED – CHILD OF 91193970 | n | proceedings consolidated; defendant’s motion for summary judgment denied | |||
| 91202367 | OPP | 1/30/2012 | D`S MOTION TO DISMISS DENIED; PROCEEDINGS RESUMED; TRIAL DATES RESET | n | Applicant’s motion to dismiss opposition for lack of service denied; non-receipt of a service copy does not negate prima facie proof of service | |||
| 92051860 | CAN | 2/4/2012 | D`S MTN FOR LEAVE TO SERVE INITIAL DISCLOSURES DENIED; TRIAL DATES REMAIN AS PREVIOUSLY RESET | n | Respondent moved to leave to submit for late submission of its initial disclosures so that it can require Petition to respond to its discovery requests and submit testimony is denied | |||
| 91201098 | OPP | 2/1/2012 | MOTION TO DISMISS; DENIED; PROCEEDINGS RESUMED; TRIAL DATES RESET | n | Applicant’s motion to dismiss for failure to state a claim regarding the Opposition its registration of VEGGIE POP for popcorn, flavored popcord and pretzels on ground of descriptiveness is denied | |||
| 92054406 | CAN | 2/2/2012 | MOTION TO DISMISS; DENIED; TRIAL DATES RESET | n |
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| 91202203 | OPP | 2/2/2012 | SHOW CAUSE ORDER | n | Applicant allwoed 30 days to show cause why judgment should not be entered against Applicant for his refusal to schedule or participate in discovery conference | |||
| 91199253 | OPP | 2/2/2012 | WITHDRAWAL OF D`S COUNSEL GRANTED; TRIAL DATES REMAIN AS PREVIOUSLY RESET | n |
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| 91201560 | OPP | 2/2/2012 | PROCEEDINGS RESUMED | n | Opposer’s motion for default judgment denied even though Applicant’s second answer did not comply with Board’s earlier order; Applicant’s late-filed answer is accepted |
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