Monthly Archives: July 2012

Recent TTAB Opposition and Cancellation filings

Below are the records of recent Cancellation and Opposition filings at the Trademark Trial and Appeal Board from approximately July 10 to July 22, 2012. These records are taken from the public records of the US Patent and Trademark Office.

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For the full Trademark Trial and Appeal Board records of any proceeding, click the “TTABVue” link in the left column.

Note that the listings for proceedings involving logos, multiple marks, multiple plaintiffs, or multiple defendants may be incomplete.

Opposition No.

Applicant

Serial No.

Trademark

Opposer

TTABVue 91206145 GEOFROY, DAVID R 85444286 ACTI-BAND Johnson & Johnson
TTABVue 91206141 GLOBAL INFECTION CONTROL LLC 85435906 VANGUARD ANTISEPTIC MILITARY STRENGTH Univar USA Inc.
TTABVue 91206046 HANDS PLUS LTD 85434452 MY MEDICAL RECORDS MyMedicalRecords, Inc.
TTABVue 91206021 HUMAN ENHANCED TECHNOLOGIES LLC 85516897 JOBHARMONY eHarmony, Inc.
TTABVue 91206128 IGOTOO LLC 85521552 IGOTOO Travelocity.com LP
TTABVue 91206007 ILLINGWORTH, KEVIN J 85521235 “WHAT HAPPEN’S IN THE LIMO, STAY’S IN THE LIMO” Las Vegas Convention and Visitors Authority
TTABVue 91205998 JMRS HOSPITALITY 85497955 THE RED RABBIT Red Rabbit LLC
TTABVue 91206042 JOLFAI, FARSHAD 85447287 PINK PANTERA Metro-Goldwyn-Mayer Studios Inc.
TTABVue 91206161 KERRY WALTERS 85351503 OCEAN NEUTRACEUTICALS Ocean Nutrition Canada Limited
TTABVue 91206163 KYLE ZAGRODZKY 85387366 OSTEOSTRONG Lance Armstrong Foundation
TTABVue 91206122 MALAKOFF, ILENE 85486556 EMOTIONAL ORGASM Carrie Stack
TTABVue 91206094 MARKS, JILL 85272813 COOKIES CRUMBS AND CRUST Crumbs Holdings LLC
TTABVue 91206027 MEDER, GLENN ERSKINE 85492205 PURE WATER REVOLUTION PUR Water Purification Products, Inc.
TTABVue 91206148 MURPHY, KEVIN L., GRAD, JACQUELINE S. 85452374

85453106

85453086

BEDROCK

BEDROCK

BEDROCK

Hanna-Barbera Productions, Inc.
TTABVue 91206040 N.C. HELMS INC. 85484276 SEXUAL HEALTH ENTHUSIASTS AFTER CARE Steven M. Bailey
TTABVue 91206153 NEXTROPIA LLC 85442792 FIRE STATION Amazon Technologies, Inc.
TTABVue 91206009 NORTH, SCOTT A 85355485 BEDROCK PUTTER Hanna-Barbera Productions, Inc.
TTABVue 91206151 PECK, KYLE L 85288105 STEM SCOUTS Boy Scouts of America
TTABVue 91206123 QUANTUMMARK, LLC 85384801 QUANTUMMARK Quantum Corporation
TTABVue 91206124 RECKLESS RECORDZ INC. 85507310 HUSTLERS UNION LFP IP, LLC
TTABVue 91206065 SAVVY CIE, INC. 85519480 RADEK Rado Uhren AG (Rado Watch Co. Ltd.) (Montres Rado S.A.)
TTABVue 91206104 SD FIT-6 SELF DEDENSE FITNESS INC. 85530681 DON’T EVER QUIT! Body By Jake, Inc.
TTABVue 91206143 SEA OF LIFE SUPPLEMENTS INC. 85406664 ALTITUDE VITALITY Melaleuca, Inc.
TTABVue 91206019 SECURERF CORPORATION 85522534 V Minitab Inc.
TTABVue 91206077 SHEILA LYONS 85486999 THE AMERICAN COLLEGE OF VETERINARY SPORTS MEDICINE AND REHABILITATION Board of Directors of the American College of Veterinary Sports Medicine and Rehabilitation
TTABVue 91206008 SKAGGS, MARK 85516205 ATOMIC SURF & SKATE Atomic Austria GmbH, Amer Sports Winter & Outdoor Company
TTABVue 91206089 SKIN CONCEPT AG 79105905 SWISSCODE Cosswiss AG
TTABVue 91206091 SKIN CONCEPT AG 79105905 SWISSCODE Skincode AG
 TTABVue 91206105 SKIN CONCEPT AG 79105905 SWISSCODE John Hwang
TTABVue 91206160 TCW ENTERTRISES 85496383 LIL BURGERS YUM YUM EAT’ EM UP UP! Red Robin International, Inc.
TTABVue 91206147 VERIFICO CORPORATION 85447039 VERIFICO Fair Isaac Corporation
TTABVue 91206044 ZONAR SYSTEMS, INC. 85298949

85440825

85440804

ZPASS

ZPASS+

ZPASS+ COMFORT IN KNOWING

The Port Authority of New York and New Jersey
TTABVue 91206108 123-10 SOUTH CONDUIT ASSOCIATES, LLC 85307048 SMARTPARK JFK Smart Park, Inc.
TTABVue 91206079 3P LEARNING PTY LIMITED 85411190 MATHLETICS Athletics Investment Group LLC d/b/a The Oakland Athletics Baseball Company
TTABVue 91206099 ADVANCED MULTIMEDIA DEVICES INC. 85489505 ICOMMUNICATER iCommunicator LLC
TTABVue 91206037 ALICE HARRIS 85441144

85441214

SLEEPING WITH THE STARS

SLEEPING WITH THE STARS

The British Broadcasting Corporation
TTABVue 91206111 ALLSTATE SECURITY INDUSTRIES, INC. 85444145 ALLSTATE SECURITY INDUSTRIES Allstate Insurance Company
TTABVue 91206165 ALWILL, CARA 85526632 THE CHAMPAGNE DIET Comite Interprofessionnel du Vin de Champagne, Institut National et de l?Origine et de la Qualite
TTABVue 91206087 AMAZECELL LTD. 85380701 DEALNET DealNetwork, LLC
TTABVue 91206156 AMBONET.COM LLC 85322824 A APPOINTMENTS ON TIME Intime Solutions Inc.
TTABVue 91206106 AMBRY GENETICS 85454744 DIAGNOSTIC ODYSSEY Lineagen, Inc.
TTABVue 91206107 AMBRY GENETICS 85454755 AVOID THE DIAGNOSTIC ODYSSEY Lineagen, Inc.
TTABVue 91206012 AMERICAN COMMITTEE FOR THE WEIZMANN INSTITUTE OF SCIENCE, INC. ITUTE OF SCIENCE, INC. 85306111 TOMORROW LAB FOR HUMANITY Habitat for Humanity International, Inc.
 TTABVue 91206116 AMY’S ICE CREAMS, INC. 85127037 AMY’S ICE CREAMS

AMY’S ICE CREAMS

Amy’s Kitchen, Inc.
TTABVue 91206035 ANE MARKETERS & MANAGEMENT 85439417 SENSACOOL Sensa Products LLC
TTABVue 91206085 ANTHONY STEWART 85329750 STAGGIS Hormel Foods, LLC
TTABVue 91206049 APEX, LLC 78928022 APEX COMPANIES Apex Media Sales, LLC
TTABVue 91206013 APINDO CORPORATION DE P.R. 85437653 ROMANRED CHATHAM IMPORTS, INC.
TTABVue 91206048 ARANETA, CARL 85435540 FRESH OFF THE BEATS Beats Electronics, LLC
TTABVue 91206130 ARISTO CORPORATION 85324444 ARISTO ESAB AB
TTABVue 91206055 BALLARD, MICHAEL 85358965 SUMMIT INDUSTRIAL Summit Electric Supply Company, Inc.
TTABVue 91206176 BB ENDEAVORS LLC 85302689 SKINNYGIRL Societe des Produits Nestle S.A.
TTABVue 91206025 BEHAVIOUR INTERACTIVE INC. 77828537 NAUGHTY BEAR Bear U.S.A., Inc.
TTABVue 91206183 BELLECORE, LLC 85172320 BUFF OFF! ORIGINAL BUFF, S.A.
TTABVue 91206014 BJ ACQUISITION LLC 85488195 BETSEY JOHNSON TOO TOO PRETTY Too Faced Cosmetics, LLC
TTABVue 91206086 BLOK, HENDRIK 85458791 BOSTIK Bostik, Inc.
TTABVue 91206053 BLUE SPHERE, INC. 85474440 LUCKY 13 Reynolds Innovations Inc.
TTABVue 91206162 BODGE, JESSICA LEE 85414806 LITTLE MISS OF AMERICA MISS AMERICA ORGANIZATION
TTABVue 91206168 BRAD CARRUTH 85443887 BURNING MAN ENERGY Decommodification LLC
TTABVue 91206070 BROWN, DANIEL E 85488099 MERIWETHER FIELD GEAR 40 Days. LLC
TTABVue 91206127 BRYAN M STEPHENS 76709172 SKINNY FUEL ISI Brands Inc.
TTABVue 91206050 BRYANT, ANTONIO 85437050

85490677

G 5IVE

G 5IVE

G4 Media, LLC
TTABVue 91206179 BUILDING HOMES FOR HEROES, INC. 85490227 BUILDING HOMES FOR HEROES Homes for Heroes, Inc.
TTABVue 91206043 CANNION, JAMES 85440263 UCB URCARBOOK.COM Facebook Inc.
TTABVue 91206178 CAPITAL ENTERPRISES INC. 85228245 CIRCUIT BREAKER SUPERSTORE Circuit Breaker Sales Co., Inc.
TTABVue 91206030 CENTER FOR DIVORCE EDUCATION 85511744 CHILDREN IN BETWEEN KIDS IN THE MIDDLE, INC.
TTABVue 91206067 CLARK, STEPHEN 85403269 SWAMP LIFE University Athletic Association
TTABVue 91206028 COLGATE-PALMOLIVE COMPANY 85464132 PROCLINICAL 3M Company
TTABVue 91206054 COLLABORATIVE MIND, LLC 85485439 MEMORIZE Memorizable, LLC
TTABVue 91206189 CONMIO OY 77865207 CONMIO Chicago Cubs Baseball Club, LLC
TTABVue 91206133 CYBERWAYS AND WATERWAYS 85542590 SPOWT AndrewPeckerar
TTABVue 91206146 DAGOSTINO, MICHAEL 85413590 TOMMY BEACH Tommy Hilfiger Licensing LLC
TTABVue 91206039 DAK TRADING, INC. 85439201 TIPPANY USA Tiffany (NJ) LLC
TTABVue 91206126 DANIEL MUNOZ 85442174 TRUMPIT Donald J. Trump
TTABVue 91206172 DATA PANDA LLC 85457591 DATA PANDA PANDA SECURITY, S.L.
TTABVue 91206121 DECIMATOR DESIGN PTY, LTD. 85389269 DECIMATOR DESIGN ISP Technologies, LLC
TTABVue 91206075 DEEPBREEZE LTD. 79098136 BREEZE@HOME Bayer HealthCare LLC
TTABVue 91206092 DEPOSITECH, INC. 85335068 VIPER OXFORD INSTRUMENTS NANOTECHNOLOGY TOOLS LIMITED
TTABVue 91206102 DEVIANT VENTURES LLC 85384650 DEVIANT VENTURES deviantART, Inc.
TTABVue 91206142 DIPPIN’ DOTS, L.L.C. 85437829 DOGGIE DOTS Tootsie Roll Industries, LLC
TTABVue 91206072 DIVA GIRL ENTERPRISES, LLC 85285486 DIVA GIRL Papillon International Inc
TTABVue 91206119 DL WHOLESALE INC. 85392636 GRO1 OMS Investments, Inc.
TTABVue 91206034 DOG HAUS LLC 85387667 DOG HAUS Southeast Food Systems, Inc.
TTABVue 91206198 DURACARD, LLC 85141321 DURACARD DataCard Corporation
TTABVue 91206059 EBC BREWERY, LLC 85522439 BIG BOSS BREWING COMPANY Goodson Investments, Inc.
TTABVue 91206061 EBC BREWERY, LLC 85522447 BIG BOSS BREWING COMPANY Goodson Investments, Inc.
TTABVue 91206069 EBC BREWERY, LLC 85524529 BIG BOSS BREWING COMPANY Goodson Investments, Inc.
TTABVue 91206135 ECHL, INC. 85421538 ORLANDO SOLAR BEARS Mr.DavidDamato
TTABVue 91206010 EOS PARTNERS, LLC 76705355 EOS EOS GmbH Electro Optical Systems
TTABVue 91206016 EVERGLADES FARMS LTD. 85254099 RUM FIRE Sazerac Company, Inc.
TTABVue 91206071 EXELIXIS, INC. 85331887 COMETRIX Novartis AG
TTABVue 91206132 EXELIXIS, INC. 85331865

85331893

85331887

COMETRIQ

COMETRIK

COMETRIX

Glaxo Group Limited
TTABVue 91206020 FACTORY DIRECT, INC. 85493012 SLEEP BETTER, LIVE BETTER SHEEX, Inc.
TTABVue 91206158 FINCAS DON MARTINO S.A. 85524120 BALDOMIR MARTINO Santa Teresa S.A.
TTABVue 91206083 FISHERGIRL INC. 85014442 GIRLS FISH TOO! Jaquelyn Rubio and Holly Johnson DBA Girls Fish Too!
TTABVue 91206144 FONALITY, INC. 85249167

85249160

85976151

85976108

FON

FON

FON

FON

Fon Wireless Limited
TTABVue 91205997 FROST KING, INC. 85255074 FROSTY KING Frosty King, Inc.
TTABVue 91206103 FULTON, STANLEY 85418042 GOODINFO.COM GoodSearch, LLC
TTABVue 91206057 GAR ONE INC 85495751 GAR ONE GR Tabacaleras Unidas, Corp.
TTABVue 91206191 GINA L. SATTERFIELD 85266083 MABEL’S RAGE Id Software LLC
TTABVue 91206038 HEALTHPLAN SERVICES 85331019 BENEFITS HUB Mass Group Marketing, INC dba MGM Benefits Group
TTABVue 91206113 HIGH SCHOOLERS, LLC 85596708 O Punahou School
TTABVue 91206112 HUDSON HARBOR CAPITAL LLC 85445995 GRAYCLIFF PAR 85483215Application File Appl
TTABVue 91206149 IDT TELECOM, INC. 85455328 EL GORDO Univision Communications Inc.
TTABVue 91206047 INLIFE, LLC 85510005 NICMAXX Lorillard Licensing Company LLC
TTABVue 91206195 INNER MONGOLIA SANZHULIANG NATURAL OATS INDUSTRY CORPORATION INDUSTRY CORPORATION 85350643 AGRICULTURE FORTUNE FORUM Time Inc.
TTABVue 91206100 INNOVARO, INC. 85337065 LAUNCHPAD Bloomberg Finance One L.P.
TTABVue 91206110 INTERNATIONAL BUSINESS MACHINES CORPORATION ION 85281764 SETERUS Ceteris, Inc.
TTABVue 91206139 INTERNATIONAL BUSINESS MACHINES CORPORATION ION 85281764 SETERUS Cetera Financial Holdings, Inc.
TTABVue 91206115 INTERNET SHOPPING OUTLET, LLC 85291917 SHOPLET.COM EVERYTHING FOR YOUR BUSINESS Staples The Office Superstore, LLC
TTABVue 91206140 ISAAC MORRIS LTD. 85529418 HUDSON CREEK KUNERT Fashion GmbH & Co. KG
TTABVue 91206169 IWI AG 79102999 PRO-WHITER Guthy-Renker LLC
TTABVue 91206154 J. NIBBLES LLC 85440712 CRUMB PUNCH Crumbs Holdings LLC
TTABVue 91206190 JAKKS PACIFIC, INC. 85249118 SIZZLER Mattel, Inc.
TTABVue 91206004 JAKKS PACIFIC, INC. 85249014 BOOKMAN Intergalactic, Inc.
TTABVue 91206015 JOHN GALLIANO S.A. 85294107 PIRATE Pittsburgh Associates
TTABVue 91206181 K & M TIRE, INC. 85573176 BIG 3 85558700Application File Appl
TTABVue 91206082 KABUSHIKI KAISHA DARTSLIVE DBA DARTSLIVE CO., LTD. 85493018 W THE WORLD Seven Wells, LLC dba i.e. distribution
TTABVue 91206064 KIM, CHANG OH 85371901 LIBI SX EricLee
TTABVue 91206109 KINEVATIVE 85557402 PHENTRAMINE Supplement Factory Limited
TTABVue 91206005 KRISTIN A FINDLAY 85322159 CTR COUTURE Intellectual Reserve, Inc.
TTABVue 91206197 LIVING IN DIGITAL TIMES, LLC 85278588 LIVING IN DIGITAL TIMES Ms.SaundraKnowles
TTABVue 91206120 LONDONPHARMA LTD 79102895 SPRAY & PLAY Sexy Hair Concepts LLC
TTABVue 91206093 MACKEY, DONALD 85383543 SUPERHERO FIRE PROTECTION Marvel Characters, Inc., DC Comics
TTABVue 91206196 MAGPUL INDUSTRIES CORP. 85385132 MAGPUL DYNAMICS Mag Instrument, Inc.
TTABVue 91206023 MAVERICK FUNDING CORP. 85348072 MAVERICK FUNDING CORP. Maverick Capital, Ltd
TTABVue 91206159 MCHUGH, TROY A. 85317443 HOODLUMS AND HOOLIGANS Peter C. Tomassetti
TTABVue 91206194 MESSAGE SYSTEMS, INC. 77718258 MOMENTUM CGI Federal Inc.
TTABVue 91206177 MONSTER, INC. 85363445 SPECTRUM Premier Accessory Group, LLC
TTABVue 91206131 MPT MUSTARD PRODUCTS & TECHNOLOGIES INC. 85393780 MUSTGRO OMS Investments, Inc.
TTABVue 91206041 MVLE, INC 85262346 ABILITY NATION SCENTSATIONS Reckitt Benckiser (Switzerland) AG
TTABVue 91206184 NETPAY PAYROLL INC. 85241921 NETPAY Netpay Plus+, Inc.
 TTABVue 91206175 NETWORK INTERNATIONAL EXPORTS, INC 85489140 STUDY CALIFORNIA International Trade Administration (ITA), U.S. Dept. of Commerce
 TTABVue 91206174 NEW YORK AIR BRAKE CORPORATION 85092214 EM AD 85092216Application File Appl
TTABVue 91206029 NOSE WIDE OPEN, LLC 85438068 YOU GOT 5 MINUTES AOL Inc.
TTABVue 91206078 NOVARTIS AG 85417711 REVELLA Forest Laboratories, Inc.
TTABVue 91206088 OCERA THERAPEUTICS, INC. 85442862 ZORBENA Ares Trading S.A.
TTABVue 91206063 ORC INTERNATIONAL, INC. 85471797 THE POWER OF I 2 inome, inc.
TTABVue 91206084 PAUL AUDIO, INC. 77312117 C-MARK Shenzhen Bao Ye Heng Industrial Development Co., LTD.
TTABVue 91206101 PHILLIPS PRODUCTS COMPANY, LLC 85456434 HOT AS HELL Sazerac Company, Inc.
TTABVue 91206137 PIZZA INN, INC. 85330859 PIE FIVE PIZZ 85262493Application File Appl
TTABVue 91206167 POLO GEAR INTELLECTUAL PROPERTIES, INC. 85458112 POLOGEAR BHPC ASSOCIATES LLC
TTABVue 91206074 PREMIUM BLEND, INC. 85492849 CRUISE COCKTAILS Independent Liquor (NZ) Limited
TTABVue 91206052 PRIORITY HEALTH AID, INC. 85403596 BIG BOY BULLET Big Boy Restaurants International, LLC
TTABVue 91206118 PROMOTION IN MOTION, INC. 85285669 SWISSKISS FINEST SWISS CHOCOLATES The Hershey Company and Hershey Chocolate & Confectionery Corporation
TTABVue 91206193 RAVAGLIOLI S.P.A. 79097263 ASPEN AUTOTECH TBC Trademarks, LLC
TTABVue 91206033 RCRV, INC. 85330876 Design mark [pocket stiching] LA Idol Fashion, Inc.
TTABVue 91206117 REBECCA REESE 85434805 SEXY MOMS RUNNING CLUB Bekah Dirkse
TTABVue 91206011 RICHARD A. MELENDREZ 85402242 X XTREME DIAMOND SPORTS Diamond Baseball Company, Inc., DBA Diamond Sports Co., Inc.
TTABVue 91206032 RRZ ENTERPRISES, INC. 85310171 SPECTRA A P P A R E L The Sunrider Corporation
TTABVue 91206066 RUTH’S HOSPITALITY GROUP, INC. 85568417 SIZZLE, SWIZZLE & SWIRL Sizzler USA Franchise, Inc.
TTABVue 91206171 SANDERS, TIMOTHY STEPHEN 85505221 SWEETHEARTHUSTLERXXX.COM LFP IP, LLC
TTABVue 91206062 SEBER, BRETT 85312479 SEBER Seber Design Group, LLC
TTABVue 91206155 SHEL COMMUNICATIONS, INC. 85476981 BOTTLD Appsolute Madness, Inc.
TTABVue 91206157 SHEL COMMUNICATIONS, INC. 85508022 BOTTLED Appsolute Madness, Inc.
TTABVue 91206073 SHENZHEN DAO CAO REN LEATHERWARE CO., LTD. 79102492 SCARECROW Turner Entertainment Co.
TTABVue 91206180 SHUFFLE MASTER, INC. 85385930 PAIR 85390144Application File Appl
TTABVue 91206026 SHURJOINT PIPING PRODUCTS, INC. 85502864 SHURJOINT Victualic Company
TTABVue 91206170 SIPCLIPS INC. 85496564 SIPCLIPS Hospitality Networks, Inc.
  TTABVue 91206138 SITV, INC. 85419403

85419400

85419401

NUVOTV

NUVOHD

NUVO

London Group, LLC
TTABVue 91206058 SMARTERITA LLC 85511993 SMARTERITA Lola’s Libations LLC
TTABVue 91206152 SOPAKCO, INC. 85322962 SURE-PAK Shurfine Foods, Inc.
TTABVue 91206182 SOUTHWEST DESIGN, LLC 85430304 SPILSTOP SPILL STOP MFG., L.L.C.
TTABVue 91206114 SR HOLDINGS, LLC 85470085 BLUEFISH Hautecakes Boutique, Inc., Element V Bluefish Venture, LLC
TTABVue 91206136 STEWART, ADRIAN 85435706

85435733

DG DESIGNER GANG

DESIGNER GANG DG

Gado S.r.l.
TTABVue 91206018 THE GREAT LAKES BREWING CO. 85435311 GREAT LAKES BREWING CO. LAKE ERIE MONSTER A HANDCRAFTED IMPERIAL INDIA PALE ALE CLEVELAND, OHIO [& design] Monster Energy Company
TTABVue 91206003 THE HARTZ MOUNTAIN CORPORATION 85286189 CRAVIN’ FLAVORS Mars, Incorporated
TTABVue 91206081 THE SWEATY BETTIES PARTNERSHIP 85482122 THE SWEATY BETTIES Sweaty Betty Holdings Limited
TTABVue 91206024 THE WORLDS PAGEANTS LLC 85431760 THE WORLDS PAGEANTS Miss World Limited
TTABVue 91206097 THORNE’S ENTERPRISE, INC. 85254631 SNUGGLE KITTIE The Sun Products Corporation
TTABVue 91206098 THORNE’S ENTERPRISE, INC. 85254607 SNUGGLE PUPPIE The Sun Products Corporation
TTABVue 91206173 TORRES, JEREMY A 85447464 DJ LION KING Disney Enterprises, Inc.
TTABVue 91206051 TRISTONE FLOWTECH GERMANY GMBH 79099426 TRISTONE Bridgestone Corporation, Bridgestone Brands, LLC, Firestone Industrial Products Company, LLC and Bridgestone Industrial Products America, Inc.
TTABVue 91206166 TSDC, LLC 85486008 FIGHT LIKE A GIRL MAGAZINE Sigler Companies, Inc.
TTABVue 91206185 VIZIO MEDICAL DEVICES, LLC 85186781 VIZIO RENAL Vizio, Inc.
TTABVue 91206186 VIZIO MEDICAL DEVICES, LLC 85186778 VIZIO Vizio, Inc.
TTABVue 91206187 VIZIO MEDICAL DEVICES, LLC 85186780 VIZIO CARDIO Vizio, Inc.
TTABVue 91206134 WAL-MART STORES, INC. 85400391 BACKYARD GR LL Variety Stores, Inc.
TTABVue 91206076 WASTE MANAGEMENT, INC. 85325299 THINK GREEN Intertek Group Plc
TTABVue 91206090 WATTS WATER QUALITY AND CONDITIONING PRODUCTS, INC. DUCTS, INC. 85400054 INTELIFIL Pentair Water Pool and Spa, Inc.
TTABVue 91206192 WEST MARINE PRODUCTS, INC. 85533654 [Design mark[ Great White Shark Enterprises, Inc.
TTABVue 91206125 WILTON INDUSTRIES, INC. 85071375 TO GO CUP Cool Gear International, LLC c/o RAF Industries, Inc.
TTABVue 91206056 WINE ADVENTURE TV, LLC 85194819 BOTTERO Casa Vincola Botter Carlo & C. (C.V.B.C.) S.P.A.
TTABVue 91206068 WINESELLERS, LTD. 85383411 MONTGRAVET AGRICOLA SAN JOSE DE PERALILLO S.A.
TTABVue 91206095 WINESELLERS, LTD. 85383443 RARE VINEYARDS 585 Wine Partners, LLC
TTABVue 91206060 ZING WARDROBE, LLC 85335457 ZING Zonar Systems

 

Cancellation No.

Registrant

Serial No.

Trademark

Petitioner

TTABVue 92055825 CAROLYN KALIL 78587085 THE FOUR COLORS True Colors International
TTABVue 92055847 CHRISTINE R. OWENS 77145719 ICING ON THE ‘CUP’CAKE Icing on the Cake, Inc.
TTABVue 92055846 CHRISTOPHER MACIOCH 77290314 THE SWEET COW Sweet Cow, LLC
TTABVue 92055876 DATAMAXX APPLIED TECHNOLOGIES, INC. 77268690 OMNIXX AIRSYNC Viewsonic Corporation
TTABVue 92055867 FORTUNE MARKET MEDIA 77402110 FORTUNE MARKET FM WWW.FORTUNEMARKET.NET Time Inc.
TTABVue 92055839 FREDDIE JACKSON DBA TRIPLE D CLOTHING CO 85285281 D [design] Ahmed Youssef
TTABVue 92055821 KAZO KITCHEN 77779719 SEE WHAT’S COOKING Bob Evans Farms, Inc.
TTABVue 92055820 MORE FLOODS, INC 77197703 QUICK BID BY MORE FLOODS INC. THE 5 MINUTE ESTIMATOR On Center Software, Inc.
 TTABVue 92055849 PHILIP RESTIFO 77154390 FORTUNATE 500 WATER COMPANY Time Inc.
TTABVue 92055822 THE WORLD FUND, INC. 73739636 THE WORLD FUND World Education and Development Fund d/b/a WorldFund
TTABVue 92055838 THE WORLDS PAGEANTS, LLC 75079154

78110759

MISS NUDE INTERNATIONAL

MISS NUDE WORLD

William Eadie
TTABVue 92055837 YASSOO INC. 77275554 YOFRESH YoFresh Yogurts Franchising, Inc.
TTABVue 92055842 BENT IMAGE LAB LLC 76666182 BENT Bent Media, Inc.
TTABVue 92055831 BRIDGE CROSSINGS, INC. 78812650 TIGRESS TRACKER Jeffrey R. DeMartino
TTABVue 92055859 COAST TO COAST WOUND CARE SURGEONS, INC. 77402766

77402742

77256920

COAST TO COAST WOUND CARE SURGEONS

COAST TO COAST WOUND CARE SURGEONS

COAST TO COAST WOUND CARE

Coast to Coast Healthcare Services Incorporated
TTABVue 92055824 CROSMAN CORPORATION 76378724

76378576

GAME FACE

GAME FACE

Markwort Sporting Goods Company
TTABVue 92055841 CULINARY HOLDINGS INCORPORATED 76501341 CHAT NOIR BISTRO & JAZZ LOUNGE Idiot Holdings, LLC
TTABVue 92055870 FARR FINANCIAL INC. 78454191 FAST TRADING PLATFORM TradingScreen Inc.
TTABVue 92055864 FEHMI HAMIKEH 85385782 SIX STAR JEWELRY Mr. Freddy Akay
TTABVue 92055857 GLOBEFILL INCORPORATED 77967530 [design mark] Elements Spirits Inc.
TTABVue 92055853 HOT WHEELS CITY, INC. DBA HOT WHEEL CITY 85069419 HOT WHEEL CITY Mattel, Inc.
TTABVue 92055875 JEANINE A. ALTRECHE 77417090 STUK ON U Stuck on You Pty Ltd.
TTABVue 92055819 JEEPNEY-IN, LLC 77502863 PANDEMIK Pandemik, LLC
TTABVue 92055883 JUICY GREEN, INC. 77530609 JUICYGREEN Better Brands, LLC
TTABVue 92055862 KARL STEFAN RIENE 79056110 FOCUS PLUS Green Mountain Coffee Roasters, Inc.
TTABVue 92055865 KNOWLEDGEWORKS FOUNDATION 78694296 EDUCATORS KNOWLEDGE NETWORK S&S Worldwide
TTABVue 92055823 KOP HOTELS AND RESORTS PTE. LTD. 78920565

78620592

LUXURY LIFESTYLE HOTELS & RESORTS

LUXURY LIFESTYLE CARD LUXURY LIFESTYLE HOTELS & RESORTS

JacquesM.Milon
TTABVue 92055854 LAI LAI DEPARTMENT STORE CO., LTD. 78720147 OK Oasis Intertrade Limited
TTABVue 92055848 LUSH WINE & SPIRITS, LLC 78728823 LUSH WINE AND SPIRITS Cosmetic Warriors
TTABVue 92055860 MACDONALD SERVICE GROUP, INC. 77236410 FLOOD TECH Master Maintenance, Inc.
TTABVue 92055833 MAGGY LONDON INTERNATIONAL, LTD. 75773735 MUSE

MUSE

Torpack Limited
TTABVue 92055874 MICHAEL A. SANCHEZ DBA UP 2 SPEED SPORTS PERFORMANCE AND UP 2 SPEED TRAINING 77636204 S.M.A.R.T. STRETCH TECHNIQUE S – SELF M – MYOFASCIAL A – ACTIVE R – RELEASE T – TECHNIQUE UP 2 SPEED TRAINING.COM Active Release Techniques, LLC
TTABVue 92055826 PATRIOT HOMES, INC. 78483814 EVOLUTIONHOMES Blu Homes, Inc.
TTABVue 92055878 POSH HAIR SALON INCORPORATED 77089537 DOSHA National Ayurvedic Medical Association
TTABVue 92055868 PRENOVA, INC. 78475920 VMP Bob Litter’s Fuel and Heating Co., Inc.
TTABVue 92055869 PRINCIPLED ASSET ADMINISTRATION, L.L.C. 76633845 RUNWAY PARTNERS, L.P. Northern Trust Corporation
TTABVue 92055828 RED.COM, INC. 77711436 R3D R3D Conseil Inc./R3D Consulting Inc.
TTABVue 92055872 RONALD HALL AND MALCOLM CARRINGTON 85154688 KEEP YOUR PANTS UP Sivan Soffer
TTABVue 92055871 RSIGNIA, INC. 77907590 CYBER WARRIOR TASC, Inc.
TTABVue 92055855 RULE 66, LLC 77821322 SAN ELIJO HILLS VISITORS CENTER San Elijo Hills Development Co.
TTABVue 92055834 SERVANTHOOD, INC. 77727235 GAMECH 77753801Application File
TTABVue 92055873 SHOWTIME NETWORKS INC. 85146148 DEXTER Jeff Freundlich dba Jeff Lindsay
TTABVue 92055858 SOUTHWEST TRENDS, INC. 75224416 CAFE TERRA COTTA Jean-Philippe Simonet
TTABVue 92055844 SWOOZIE’S 2 LLC 76242075 SWOOZIE’S Norwood Promotional Products, LLC
TTABVue 92055843 SX BRAND TRIBE, INC. 77609385 SXCALYPSO Sazerac North America, Inc.
TTABVue 92055882 TRADING CROSS CONNECTS LIMITED 77797793 TRADING CROSS CONNECTS TradingScreen Inc.
TTABVue 92055851 UM COMPANY, LLC 78872409 BESTOW JEAN Momentum Licensing, Inc.
  TTABVue 92055835 USA DETERGENTS, INC. 75151327 USA DETERGENTS INC. A.P. Deauville, LLC
 TTABVue 92055866 USA DETERGENTS, INC. 75096369 FINECARE A.P. Deauville, LLC
TTABVue 92055879 VISTACHIARA PRODUCTIONS, INC. 78761700 THE BIGGER PICTURE Bigger Picture Group, LLC
TTABVue 92055840 WATERCRAFT SUPERSTORE, INC. 77981996 BLACK TIP West Marine Products, Inc.
TTABVue 92055861 WILLIS NORTH AMERICA INC. 77219346 ASC Auto Services Company, Inc.
TTABVue 92055827 WORLD WRESTLING ENTERTAINMENT, INC. 77487142 WW DIVAS Papillon International Inc.
Tagged

Recent TTAB opposition and cancellation filings

Below are the records of recent Cancellation and Opposition filings at the Trademark Trial and Appeal Board from approximately June 30  and June 9, 2012. These records are taken from the public records of the US Patent and Trademark Office.

To subscribe to future updates, see the bottom of this post ↓

For the full Trademark Trial and Appeal Board records of any proceeding, click the “TTABVue” link in the left column.

Note that the listings for proceedings involving logos, multiple marks, multiple plaintiffs, or multiple defendants may be incomplete.

Opposition No.

Applicant

Serial No.

Trademark

Opposer

TTABVue 91205878 ALLEN, PATRICIA 85405718 THE DOGS STREET JOURNAL Dow Jones, L.P.
TTABVue 91205992 BELLANO, BILL, BELLANO, ALYSSA 85507843 COZE S. Goldberg & Co., Inc.
TTABVue 91205931 CHOICE ONE RESTORATION, INC. 85522628 TRI STATE WATER RESTORATION Tri State Restorations, LLC
TTABVue 91205945 COMING SOON, LLC 85433383 AMPERSAND AS APOSTROPHE Sears Brands, LLC
TTABVue 91205914 DALY, ERIC A. 85515262 NO BAIN – NO PAIN Bain Capital, LLC, Bain & Company Inc.
TTABVue 91205886 ELY, KIARA 85392617 ATLA TAKEOVA Atlanta National League Baseball Club, Inc., Los Angeles Dodgers LLC
TTABVue 91205977 ETCH-IT INC. 85374908 ETCH-IT 3M Company
 TTABVue 91205846 EXCEL PERFORMANCE SCIENCES, INC. 85432906 ENDURO-PLEX Metagenics, Inc.
TTABVue 91205873 HELM FINANCIAL GROUP, INC. 85397153 O’S GOTTA GO Baltimore Orioles Limited Partnership
TTABVue 91205861 HYATT VENTURES LLC 85424367 HYATT VENTURES LLC Hyatt Corporation
TTABVue 91205848 INTERNATIONAL PRODUCT SOLUTIONS INC 77822785 13 COLONIES Paramount Distillers, Inc.
TTABVue 91205849 INTERNATIONAL PRODUCT SOLUTIONS INC 77822785 13 COLONIES Luxco, Inc.
TTABVue 91205852 JOSE FERNANDEZ 85170152 FROG CHOW Societe des Produits Nestle S.A.
TTABVue 91205915 KACHINA LLC 85432508 EE Chanel, Inc.
TTABVue 91205902 LOWITZ, GREGORY EVAN 85443907 NUTRIZI N.V. Nutricia
TTABVue 91205875 NYC 1664 INC. 85338005 NEW YORK 1664 New York Yankees Partnership, Sterling Mets, L.P.
TTABVue 91205917 PAF ASSOCIATES, LLC 85373193 B.O.S.S. BEST OF SAFE SMOKING E-CIGARETTES Goodson Investments, Inc.
TTABVue 91205909 SANCTUARY SOIL AND FEED, INC. 85428950 EMPIRE BUILDER BRAND PRODUCER’S BLEND OMS Investments, Inc.
TTABVue 91205951 SEPRO CORPORATION 85482239 TRIBUTARY Bayer Aktiengesellschaft
TTABVue 91205973 SOPER, NANCY 85254681 ON TARGET FOR YOU Target Brands, Inc.
 TTABVue 91205964 SUSOIX LLC 85393670 CENTRAL PARK LONGBOARDER GLOBAL ROLLING Central Park Conservancy, Inc
TTABVue 91205879 SUSOIX LLC 85393670 CENTRAL PARK LONGBOARDER GLOBAL ROLLING City of New York, by and through its Department of Parks and Recreati
TTABVue 91205868 TOUCH LABS, LLC 85388523 MCGLOVEN McDonald’s Corporation
TTABVue 91205996 VERECLOUD, INC. 85438822 CLOUDWRANGLER Wrangler Apparel Corp.
TTABVue 91205959 WWW.UNLEASHDABEAST.COM 85492267 UNLEASH DA BEAST Monster Energy Company
TTABVue 91205949 YONATHAN ABENAIM 85483176 COWORKS SPACE BryanKristof
TTABVue 91205932 ‘PRENEUR LLC 85299770 ‘PRENEUR Entrepreneur Media, Inc.
TTABVue 91205950 ADVANCED SEPARATION TECHNOLOGIES, LLC 85394203 CENTRASEP Pall Corporation
TTABVue 91205930 ALWILL, CARA 85526623 THE CHAMPAGNE DIARIES Comite Interprofessionnel du Vin de Champagne, Institut National et de l?Origine et de la Qualite
TTABVue 91205894 AMERICAN MINING INSURANCE GROUP, LLC 85315494 COMP PAL PayPal, Inc.
TTABVue 91205947 ANONYBOOK.COM 85437099 ANONYBOOK Facebook, Inc.
TTABVue 91205910 ARMES, CHRIS 85447381 BELIEVE IN AM 85452544Application File Appl
TTABVue 91205969 AUTONET MOBILE, INC. 85454391 AUTONET MarkLGalante
TTABVue 91205903 BARBARA FITZ-SIMON 85434060 MINIROCK Hat World, Inc.
TTABVue 91205907 BARBARA FITZ-SIMON 85434070 MINIROCK Hat World, Inc.
TTABVue 91205978 BARBARA MULCAHY 76706662 HANKY PANKY POETRY Hanky Panky, Ltd.
TTABVue 91205974 BAUER HOCKEY, INC. 85442066 NEXUS Sher-Wood Hockey Inc.
TTABVue 91205920 BECKNER, SEAN 85375382 G+ Google Inc.
TTABVue 91205961 BICICLETAS DE ALAVA, S.L. 79097817 TITAN Bike USA, Inc
TTABVue 91205872 BLAIR, ARNOLD 85384264 UROQUEL AstraZeneca UK Limited
TTABVue 91205976 BODEGAS Y VINEDOS NEO, S.L. 85359141 MATIZ Power-Selles Imports, Inc
TTABVue 91205845 BOSSA STUDIOS LIMITED 85451134 MONSTERMIND Monster Energy Company
TTABVue 91205847 BRECKENRIDGE PHARMACEUTICAL, INC. 85082578 MULTIGEN Metagenics, Inc.
TTABVue 91205946 CASAS DEL TOQUI, S.A. 85245628 VIÑA ALAMOSA E. & J. Gallo Winery
TTABVue 91205953 CHAMPION SAFE CO., INC. 85482165 FIRST NATIONAL SAFE COMPANY Liberty Safe and Security Products, Inc.
TTABVue 91205980 CHAPMAN & ASSOCIATES, INC. 85342463 CHAPMAN YOUR CAUSE. OUR COMMITMENT. MasterCard International Incorporated
TTABVue 91205893 CHIH, LI-WEI 85518033 MONSTERFISHKEEPERS Monster Energy Company
TTABVue 91205855 CHRISTIANS FOR ISRAEL INTERNATIONAL 85308344 WHY ISRAEL? Christians for Israel, Canada
TTABVue 91205856 CHRISTIANS FOR ISRAEL INTERNATIONAL 85308344 WHY ISRAEL? Christians for Israel, Canada
TTABVue 91205871 CHRISTIANS FOR ISRAEL INTERNATIONAL 85308336 WHY ISRAEL? Christians for Israel, Canada
TTABVue 91205993 CINSAY, INC. 85368377

85368393

95395956

85395968

85368365

C COMMERCE

C IT. SOLD

CINSAY

CINSAY SEE IT . SOLD.

POWER OF C.

Chicago Cubs Baseball Club, LLC
TTABVue 91205904 COLORPROOF HAIRCARE, LLC 85439279 SUPERRICH MOISTURE SHAMPOO Bumble and Bumble, LLC
TTABVue 91205906 COLORPROOF HAIRCARE, LLC 85439280 SUPERRICH MOISTURE CONDITION Bumble and Bumble, LLC
TTABVue 91205936 COMFORT COMPANIES, INC., THE 85248083 EMBRACE Professional Medical Surgical Supply, Inc.
TTABVue 91205882 COPPENRATH VERLAG GMBH & CO. KG 85095807 CAPT’N SHARKY Osotspa Co., Ltd.
TTABVue 91205850 COUNTRY CAT, LLC 85442132 ARCTIC OVERSTOCK Overstock.com, Inc.
TTABVue 91205933 CRITTER RIDDERS, LLC 85292701 CRITTER RIDDERS SAFER, INC.
TTABVue 91205925 DEL MONTE & ASSOCIATES, INC. 85446754 M DEL MONTE AGENCY THE NON ADVERTISING AGENCY Del Monte Corporation, Del Monte Fresh Produce N.A., Inc.
TTABVue 91205926 DELTA GALIL USA, INC. 85489852 FLEXI-WIRE Grupo Flexi de Leon, S.A. de C.V.
TTABVue 91205971 DELTA GALIL USA, INC. 85489841 FLEXIWIRE Grupo Flexi de Leon, S.A. de C.V.
TTABVue 91205937 DIET DIRECT, INC. 85375871 LIVE LIGHTER. LIVE BETTER. The Great Atlantic & Pacific Tea Company, Inc.
TTABVue 91205916 DIORA PROFESSIONNEL, DIORA PROFESSIONNEL LLC 85514540 85514551Application File Appl
TTABVue 91205935 DUQUE, ROBERT M. 85436636 STUDS “R” US Geoffrey LLC
TTABVue 91205898 EDWARD NAYLON 85495983 LASERFAST JosephFierro
TTABVue 91205923 ELEGANT FOOTWEAR, INC. 85423593 SUGAR HOUSE Back Beat, Inc.
TTABVue 91205857 EOS ZOO, INC. 85383088 ATHLETEOS Athletics Investment Group LLC d/b/a The Oakland Athletics Baseball Company
TTABVue 91205869 ERNESTO MARTIN 85392743 BANDEX Johnson & Johnson
TTABVue 91205881 EVANS, D. JACQUES 85516348 CHAMPAGNE OF VODKA Comite Interprofessionnel du Vin de Champagne, Institut National et de l?Origine et de la Qualite
TTABVue 91205865 EXTREMITY MEDICAL, LLC 85462550 IO FIX PLUS Baxano, Inc.
TTABVue 91205982 FERTITTA ENTERTAINMENT LLC 85180560 FERTITTA GAMING Fertitta Hospitality, LLC
TTABVue 91205984 FERTITTA ENTERTAINMENT LLC 85180567 FERTITTA ENTERTAINMENT Fertitta Hospitality, LLC
TTABVue 91205905 FIND YOGA LLC 85388909 FINDYOGA YogaFinder
TTABVue 91205863 FOSTER’S AUSTRALIA LIMITED 79096652 SINCE 1864 CARLTON DRAUGHT BREWERY FRESH Anheuser-Busch, LLC
TTABVue 91205899 FREEMAX METAL PRODUCTS COMPANY LIMITED 85436631 AM ARROWMAX Arrow Fastener Co., LLC
TTABVue 91205934 GILEAD SCIENCES LIMITED 85329999

85330085

85330091

QWAD

MYKWAD

THEQUAD

Marck Sharp & Dohme Corp.
TTABVue 91205890 GIRL WONDER, INC. 85391689 GIRL WONDER C. Wonder LLC
TTABVue 91205891 GIRL WONDER, INC. 85391666 GIRL WONDER C. Wonder LLC
TTABVue 91205892 GIRL WONDER, INC. 85391707 GIRL WONDER C. Wonder LLC
TTABVue 91205985 GIRL WONDER, INC. 85391674 GIRL WONDER C. Wonder LLC
TTABVue 91205986 GIRL WONDER, INC. 85391678 GIRL WONDER C. Wonder LLC
TTABVue 91205987 GIRL WONDER, INC. 85391683 GIRL WONDER C. Wonder LLC
TTABVue 91205988 GIRL WONDER, INC. 85391685 GIRL WONDER C. Wonder LLC
TTABVue 91205990 GIRL WONDER, INC. 85391694 GIRL WONDER C. Wonder LLC
TTABVue 91205938 GLOBAL GRID, LLC 85245926 OUR BEATS Beats Electronics, LLC
TTABVue 91205860 GOTHAM GREEN FARMS LLC 85369999 GOTHAM GREENS Gotham City Networking, Inc.
TTABVue 91205858 GTB GLOBAL TRADE BERLIN GMBH 79096438 WD Western Digital Technologies, Inc.
TTABVue 91205908 HORIZON GROUP USA, INC. 85305020 VARSITY U. Varsity Spirit Corporation
TTABVue 91205983 HOUGHTON MIFFLIN HARCOURT PUBLISHING COMPANY 76705510 INSIGHT INTO ACTION Healthstream, Inc.
TTABVue 91205941 HYDROBLEND, INC. 85367713 HB SPECIALTY FOODS UNIQUE SOLUTIONS BETTER RESULTS HEB Grocery Company, LP
TTABVue 91205942 HYDROBLEND, INC. 85367744 SIMPLY BETTER BY HB HEB Grocery Company, LP
TTABVue 91205952 IMPEX BEVERAGES, INC. 85494928 LUCE DI LUNA ENOITALIA S.P.A.
TTABVue 91205958 IN8 MOBILE, INC. 85304476 ID Id Software LLC
TTABVue 91205888 JOHN P. FREDRICKSON 85388768 FEAR THE BEER Milwaukee Brewers Baseball Club, Limited Partnership
TTABVue 91205956 JTI-MACDONALD TM CORP. 85132464 STUDIO Oliva Cigar Co.
TTABVue 91205840 KALA CORP. 85502914 EGGWHITE SOAP EIWIT ZEEP WITH CHAMOMILE FLOWERS & Victoria Scandinavian Soap AB
TTABVue 91205889 KIDSPARK, INC. 85001013

85006743

KIDSPARK

KIDSPARK

Macalester-Groveland Community Council d/b/a/ KidsPark
TTABVue 91205842 LES GRANDS CHAIS DE FRANCE S.A.S. 79100593 RUBY CUBE Target Brands, Inc.
TTABVue 91205918 LG ELECTRONICS INC. 85119910 HIPOR Wuxi Kipor Power Co., Ltd.
TTABVue 91205924 LI-WEI CHIH 85508374 M Monster Energy Company
TTABVue 91205979 LIFESTRENGTH, LLC 85257516 LIFESTRENGTH Lance Armstrong Foundation
TTABVue 91205970 LXR BIOTECH, LLC 85434448 EE 21st Century Brands LLC
TTABVue 91205876 MAJOR LEAGUE FISHING, LLC 85323235 MAJOR LEAGUE FISHING Major League Baseball Properties, Inc.
TTABVue 91205843 MGFB PROPERTIES, INC. 85368563 FLORA-BAMA International Flora Technologies, LTD
TTABVue 91205913 MY LEARNING PLAN INC. 85316873 OASYS Oasys, LLC
TTABVue 91205883 MYLAN PHARMACEUTICALS, INC. 85388285 OYALAS Novartis AG
TTABVue 91205895 NDOORS CORPORATION 85043325 ATLANTICA Atlantic Recording Corporation
TTABVue 91205887 NFC DATA, INC. 85228141 [Design Mark] EMVCo, LLC
TTABVue 91205874 NIK SOFTWARE, INC. 85288610 SNAP IT. TWEAK IT. LOVE IT. SHARE IT. Tweak
TTABVue 91205972 NIMBUS 9 RAINWATER 85448539 JEDI JUICE Lucasfilm Ltd., Lucasfilm Entertainment Company Ltd.
TTABVue 91205844 OMAR KASSEM ALESAYI MARKETING CO. LTD. 85238726 GREEN FARMS Green Mountain Coffee Roasters, Inc.
TTABVue 91205955 OMNI COMPUTER SERVICES, INC. 85478516 OCS Horner Electric, Inc.
TTABVue 91205975 PAYCHEX OF NEW YORK, LLC 85310428 AMERICA’S BUSINESS IS OUR BUSINESS Guard Insurance Group, Inc.
TTABVue 91205981 PAYCHEX OF NEW YORK, LLC 85310412 AMERICA’S BUSINESS IS OUR BUSINESS Guard Insurance Group, Inc.
TTABVue 91205944 PETHE, TRAVIS 85268722 AMERICAN EAGLE AEROSPACE American Airlines, Inc.
TTABVue 91205957 PETLIFE ORGANIC, INC. 85431522 ECOSHIELD Animal Sense Pet Products Inc.
TTABVue 91205989 PHARMERICA CORPORATION 85251946 EZ-MAR Medicalistics LLC
TTABVue 91205939 PRICE, DAVID 85512136 MALIBU HOTDOGS Sizzler USA Franchise, Inc.
TTABVue 91205927 R.G. BARRY CORPORATION 85353015 AIRBOOST adidas America, Inc.
TTABVue 91205928 RARITY BEAUTY, LLC 85518504 SHAMPAGNE Comite Interprofessionnel du Vin de Champagne, Institut National et de l?Origine et de la Qualite
TTABVue 91205897 RAZAC PRODUCTS, INC. 85455439 UPTOWN MelvinCampbell
TTABVue 91205991 RED GOLD, INC. 85355789 CULINARY CLASSICS General Mills, Inc.
TTABVue 91205901 RML JACKSON, LLC 77982749 ROGUE Luxottica Group S.p.A.
TTABVue 91205877 ROCKY PATEL PREMIUM CIGARS, INC. 85477430 XEN BY NISH PATEL BBK Tobacco & Foods, LLP d/b/a HBI International
TTABVue 91205866 ROGER YANG 85515030 [Design Mark Great White Shark Enterprises, Inc.
TTABVue 91205919 RONALD J. LOURO 85515135 EASY LEADER Premier Pet Products, LLC
TTABVue 91205940 STONEMANGO DESIGN AND MANUFACTURING, LLC 85362847 MR. PEA SHELLER Lee Manufacturing Co., Inc.
TTABVue 91205853 SUN TAN CITY, LLC 85332523 A FLAWLESS SUNLESS TAN. GUARANTEED. Fake Bake, LLC
TTABVue 91205968 SWEET CANDY COMPANY 85538357

85561919

SQUISHY FISHY

SQUIRMY WORMY

Promotion in Motion, Inc.
TTABVue 91205900 THE KEEP A BREAST FOUNDATION 85212317 I LOVE BOOBIES Your Hats Desire, Inc. d/b/a New Dimensions, Inc.
TTABVue 91205859 THE LAURA SCUDDER’S COMPANY, LLC 85500156 BLUE BIRD Flowers Bakeries Brands LLC
TTABVue 91205995 THE TRUSTEE FOR THE MARK BRAGG FAMILY DISCRETIONARY TRUST, THE TRUSTEE FOR THE GREIG FAMILY TRUST SCRETIONARY TRUST 77249959 XGAP Gap (Apparel), LLC
TTABVue 91205911 THE WOODSTONE GROUP, INC. 85255044 WSGEAR Office of the Commissioner of Baseball
TTABVue 91205841 TORG, INC 85326863 TAVOLA ITALIAN KITCHEN The Trustees of the Coppola Family Trust
TTABVue 91205967 TRUE HEALTHY PRODUCTS, LLC 85413117 TRUE HEALTHYPRODUCTS Herbalife International, Inc.
TTABVue 91205854 TURLEY, NEAL 85431469 SUSTAINABLE WAVES Bose Corporation
TTABVue 91205921 UPSTREAM TELECOMMUNICATIONS AND SOFTWARE SYSTEMS SOCIETE ANONYME SYSTEMS SOCIETE ANONYME 85512832 UPSTREAM Business Researchers, Inc.
TTABVue 91205922 UPSTREAM TELECOMMUNICATIONS AND SOFTWARE SYSTEMS SOCIETE ANONYME SYSTEMS SOCIETE ANONYME 85512837 UPSTREAMIZATION Business Researchers, Inc.
TTABVue 91205867 VOVI FRIENDSHIP ASSOCIATION 85419466 [Design Mark] Vo-Vi Multimedia Communication
TTABVue 91205948 WAATOODOO, INC. 85467122 PLAYPAL PayPal, Inc.
TTABVue 91205851 WASH PARK ENTERPRISES 85510632 TULAVAYA Ayava Inc.
TTABVue 91205885 WAYIN, INC. 85508889 MINDMATCH Buyology, Inc.
TTABVue 91205994 WHERE-PRO, LLC 85101085 PLACE POINTS The Children’s Place Services Company, LLC
TTABVue 91205884 WHOLE KIDS ADVENTURE 85285567 WHOLE KIDS ADVENTURE Whole Foods Market IP, L.P.
TTABVue 91205880 WHY CLIMB MOUNTAINS, LLC 85390367 THE BUTT FACE NEVER STOP SMILING! The North Face Apparel Corp.
TTABVue 91205896 WILD BRAIN ENTERTAINMENT, INC. 85509929 DIZZY Beau L. Tardy
TTABVue 91205943 WILD PENGUIN CORPORATION 85266874 CIRCUS FRESH COTTON CANDY Blockbuster L.L.C.
TTABVue 91205864 WILFREDO GANUZA 85490957 EDEN VITAL ORGANIX Eden Foods, Inc.
TTABVue 91205929 YORDANOPOULOS, BYRON 85363527 LEAKWRAP Sitco Enterprises, L.L.C., Rasstech Industries Inc.
TTABVue 91205954 YOUNG PS ACQUISITIONS, LLC 85482481 TRUFIT George Taub Products and Fusion Company, Inc
TTABVue 91205912 ZAARLY, INC. 85296228 Z Lockerz, Inc.

 

Cancellation No.

Registrant

Serial No.

Trademark

Petitioner

TTABVue 92055817 BELLY KICKS INC. 77778308 BELLY KICKS Belly & Kicks I, LLC
TTABVue 92055805 BRADY COMMUNICATIONS, INC. 77539412 CONNEXIONMOBILE FirstService Residential Management, Inc.
TTABVue 92055794 CONSUMER PRODUCTS DESIGN, LTD. 77410077 THE OLIVE PRESS Olive Press, LLC
TTABVue 92055792 FRUTTZO, LLC 78509955 BLUE MONKEY New Attitude Beverage Company
TTABVue 92055790 JESSICA D. HARRIS 85154355 LITTLE BOX OF TRIVIA Imagination Holdings Pty Ltd.
TTABVue 92055815 O’LALA FOODS, INC. 78217231 CHOCO’LA Societe des Produits Nestle S.A.
TTABVue 92055806 BENEDETTO ARTS GMBH 78845747 TONY BENNETT Bennett Brothers CC
TTABVue 92055814 BRASOPI-COMERCIO DE VESTUÁRIO, S.A. 77061979 THROTTLEMAN Curbean Designs Corporation
TTABVue 92055788 DANIEL LACHEEN 78693738 1-800-ACIDENTE.COM Tellnet Communications Inc.
TTABVue 92055795 E.F. HUTTON GROUP, INC. 85268115

85268140

E. F. HUTTON

EF HUTTON

Terrence Hastings
TTABVue 92055810 EMPIRE ATTIRE 77274739

77274732

E

E EMPIRE

Zumiez Inc.
TTABVue 92055811 EXCLUSIVE HIDEAWAYS MANAGEMENT. INC. 77671908 THE FORTUNATE 500 Time Inc.
TTABVue 92055809 GOODMARK USA, INC. 76602605 ZOCOOL Lauren Beck
TTABVue 92055799 I-D FOODS CORPORATION 77134486 HOUSE OF ALISTER MACKENZIE Edmund Papczun
TTABVue 92055793 IMST GMBH 79082251 CONNECTED-CAR Intelligent Mechatronic Systems Inc.
TTABVue 92055808 KAHALA FRANCHISE CORP. 78958978 JOHNNIE’S NEW YORK PIZZERIA Johnny’s Pizza House, Inc.
TTABVue 92055816 MANSFIELD PRIME TIME, INC. 78634586 EL JEFE’S Rooke, LLC dba Riot Hospitality Group
TTABVue 92055803 NOAH’S ANIMALS, LLC 77457924 NOAH’S ANIMALS PBC International, Inc.
TTABVue 92055813 RICK RUSSELL 78076515 RING AWAY Birdwell Cleaning Products, Inc.
TTABVue 92055804 SIEMENS HEALTHCARE DIAGNOSTICS INC. 75084866 CHEST PAIN PERSPECTIVES Quadrant Healthcom Inc.
TTABVue 92055791 SINGAPOREMATH.COM INC. 77406352

77877945

SINGAPOREMATH.COM

SINGAPORE MATH

Marshall Cavendish International (Singapore) Pte Ltd.
TTABVue 92055796 SOUTHWEST TRENDS, INC. 78786766 TERRA COTTA Jean-Philippe Simonet
TTABVue 92055812 SUSOIX LLC 85255147 CENTRAL PARK SKATEBOARDER Central Park Conservancy, Inc.
TTABVue 92055800 SUSOIX LLC 85255147 CENTRAL PARK SKATEBOARDER City of New York, by and through its Department of Parks and Recreation
Tagged

Recent TTAB Decisions and Activity of Note (6/18 – 6/24/2012)

Between June 18 and 24, 2012, the TTAB issued numerous decisions. None were precedential, but one was on remand from the CAFC.

There were a few interesting and important rulings during this period, including:

– As a discovery sanction, a party was prohibit from introducing evidence that it did not produce in discovery, and all of its documents produced will be treated automatically as authentic and admissible.

– In an new oppsoition by Motorola against Nextel’s “chirp” sound mark, Board found that neither claim nor issue estoppel prevented the claim, which is based on a different set of ‘transactional facts’ since it relates to telecommunications services, not phone goods that were at issue in prior TTAB proceeding.

Here is a rundown of the activity of note from the TTAB during this period [visit http://ttabvue.USPTO.gov to view any of the proceeding and documents]:

Proceeding No.

Date

TTAB Disposition

Precedent?

Notes

91196412

06/20/2012 PL`S MOT. FOR SUMM. JUDGMENT DENIED

N

Opposer (COCO DELICE for chocolates) moved for summary judgment on priority and likelihood of confusion against Applicant’s COCO DELICES CHOCOLATERIE & Design mark for chocolates. Finding genuine dispute as to nature and extent of opposer’s common law rights and priority, as well as the strength of opposer’s mark, Board denied the motion.

77534583

06/20/2012 BOARD`S DECISION: AFFIRMED

N

Refusal of registration of SULFREEN for “building, installation and maintenance of industrial plants” in International Class 37; and “research and development in the field of chemistry, in particular in the field of sulfur recovery from sulfur-containing gases; services of an engineer; development, planning, construction design and technical project planning of industrial plants, devices and methods in the field of analytical chemistry and synthesis, as well as corresponding advice, namely, technical consulting in the technology field of sulphur-containing gases, in particular in the field of sulfur recovery from sulfur-containing gases; performance and evaluation of chemical analysis; performance and evaluation of chemical synthesis; issuance of technical expert opinions in the technology field of sulphur recovery from sulphur-containing gases” in International Class 42 for failure to submit proper specimens showing use of the mark with the applied-for services affirmed. “It is settled that if a term is used only as the name of a process it does not function as a mark. However, a term can be used as the name of a process and also function as a mark for services. That is to say, use of a term in connection with a process does not prevent such term from designating more than a process.” Here, the Board found that the “specimen does not display SULFREEN in such a manner that it would be readily perceived as identifying the source of the identified services.”

77671449

06/22/2012 BOARD`S DECISION: AFFIRMED

N

Application for JOHN SHOPE’S SINISTER INDUSTRIES for motorcycles, parts, and related services refused under Section 2(d) as likely to be confused with registration for SINISTER CYCLES for “retail store services featuring motorcycle parts and accessories.” Finding goods and services related and SINISTER arbitrary and strong; the Board likened addition of JOHN SHOPE to addition of a house mark, and insufficient to avoid confusion. Fame of application JOHN SHOPE irrelevant. Refusal affirmed.

77832668

06/18/2012 BOARD`S DECISION: AFFIRMED

N

Application for ADMEDIA for a variety of advertising services refused under Section 23(c) as generic. Board affirmed: The Examining Attorney’s evidence included 38 third party registraitions featuring disclaimer of “ad” and/or “media.” “Despite the minimal evidence of use of the compound term “admedia,” there is ample evidence to support the relevant public’s understanding of the term ADMEDIA to refer to the genus of services. “ “[T]he joinder of the words “ad” and “media” into a single term creates no additional meaning, impression or nuance other than the meaning associated with the individual words as used together. Viewers would recognize the mark as consisting of the separate elements AD and MEDIA

77921755

06/21/2012 BOARD`S DECISION: AFFIRMED

N

Application for MY SMILEKIDS refused for ““providing a website featuring information in the field of dental care; providing information in the field of dental care” refused under Section 2(d) as likely to be confused with registration of MYSMILE for “providing health information.” Board found services overlapping; marks similar and sound and appearance; and affirmed the refusal. Applicant’s registration of SMILEKIDS for same services did not help it overcome the refusal; “The focus of the analysis in this case must be on the mark applicant seeks to register, MY SMILEKIDS, and not on the other mark applicant already registered.”

85064187

06/21/2012 BOARD`S DECISION: AFFIRMED

N

Application for MAXWELL for leather furniture refused under Section 2(d) as likely to be confused with MAXWELL for fabric products and MAXWELL HOME & GARDEN for fabrics. Refusal affirmed: “In balancing the relevant du Pont factors in this case, we find that because the marks are identical and very similar, the goods are related, the channels of trade and the classes of consumers overlap, confusion is likely between applicant’s mark and the marks in the cited.”

85065751

06/21/2012 BOARD`S DECISION: AFFIRMED

N

Application for MUZZIE’S & Design for retail clothing boutiques refused under Section 2(d) as likely to be confused with MUZZYS & Design registered for clothing and for store and wholesale services featuring motorcycle parts and clothing manufactured by others.

Refusal affirmed. Applicant’s prior registration irrelevant: “Applicant also raises the argument in its brief that that its predecessor in interest previously owned a registration for the same mark for “retail clothing boutiques” which was inadvertently cancelled due to the failure to file a Section 8 affidavit. Applicant’s Brief, p. 3. Applicant contends that the marks coexisted on the register for over six years without any instances of actual confusion. We are not persuaded.”

Applicant’s cancelled registration cannot justify registration

of its current application.

85082505

06/21/2012 BOARD`S DECISION: AFFIRMED

N

Refusal of AMERICA’S FAVORITE for mustard under Section 2(d) due to likelihood of confusion with registrations of  AMERICA’S FAVORITE for “ketchup” and “sauces” from same owner. Refusal affirmed. Applicant’s prior registrations did not help its cause: “Cancelled or expired registrations generally have no evidentiary value, and certainly an applicant cannot claim a right to registration based on its prior ownership of cancelled or expired registrations.”

91199193

06/22/2012 SUSPENDED PENDING DISP OF CIVIL ACTION

N

Motion to Consolidate granted. Fraud claim in counterclaim is stricken as improperly pleaded. Because of excessive number of filings, one party was “ordered to telephone the Interlocutory Attorney prior to the filing of any further interlocutory motions, and seek permission for such filings.”

91192593

06/19/2012 TRIAL DATES RESET

N

 Applicant moved for relief from final judgment for failure to file an answer, contending that its failure to file a timely answer and respond to the notice of default was clerical and entirely inadvertent (Applicant’s counsel blamed his secretary for docketing errors.) Motion granted: “While counsel may have overrelied on his firm’s “safeguard procedure,” we do not find that the record demonstrably shows that counsel willfully defaulted.  Further, since default judgments for failure to timely file an answer are not favored by the law, we generally treat Rule 60(b) motions seeking relief from such judgments more liberally than motions seeking relief from other types of judgments.”

91170112

06/18/2012 BOARD`S DECISION: DISMISSED

N

On remand from CAFC after the appeals court affirmed the Board’s finding of no likelihood of confusion and no dilution and that Applicant’s mark is merely descriptive. However, the appeals court vacated “the Board’s decision solely on its finding of acquired distinctiveness” and remanded for further proceedings. The Board here found that Applicant’s mark has acquired distinctiveness: “We note that while applicant’s COACH mark is merely descriptive, it is not so highly descriptive that applicant has the burden to show a concomitantly high level of acquired distinctiveness.”

91187787

06/22/2012 BOARD`S DECISION: DISMISSED

N

Applicant’s mark: ARMORSTONE for “Clear and pigmented coatings used in the nature of paint; Glazes; House paint; Interior paint; Mixed paints; Paint for concrete floors; Paint primers; Paint sealers; Paint thinner; Paints; Paints and lacquers; Pavement striping paint; Epoxy coating for use on concrete industrial floors.” Opposer owns numerous registrations for STON- marks for epoxies and related good. Board first ruled the because the Application was under Section 1(a), merely checking a ground on the ESTTA cover sheet does not constitute properly pleading the ground. Opposer therefore only properly pleaded a claim under Section 2(d), but the descriptiveness claim was tried by implied consent. Board found the marks create different commercial impressions; the goods closely related; Opposer’s evidence fell short of showing fame; and dismissed the Section 2(d) claim. Board also dismissed the descriptiveness claim.

91195158

06/20/2012 BOARD`S COMMUNICATION

N

Applicant moved for relief from final judgment for failure to file an Answer. Motion denied: “In order to establish that relief from the default judgment is appropriate, applicant “must persuasively show (preferably by affidavits, declarations, documentary evidence, etc., as may be appropriate) that the relief requested is warranted for one or more of the reasons specified in Fed. R. Civ. P. 60(b).”  TBMP § 544 (3d ed. 2011).” “[A]pplicant provides no explanation as to why he neglected to respond or why he waited for a year to seek relief from judgment.”

91203482

06/20/2012 BOARD`S ORDER TRIAL DATES RESET

N

Consented motion to consolidate denied because the marks are not overlapping at all (HOMEWOOD RESIDENCE and a number of marks featuring THE HAMPTON).

92054391

06/21/2012 COURT`S DECISION; REMANDED

N

The CAFC, upon request from Respondent/Appellant, remanded to the TTAB so the Board can rule on his motion for relief from final judgment (a default) under Fed. R. Civ. P 60(b).

NOTE: Board already indicated in an order that “We would be inclined to grant respondent’s Motion for Relief from Final Judgment.”

91200355

06/18/2012 CROSS-MOTION FOR SUMMARY JUDGEMENT GRANTED

N

In opposition by Motorola to Nextel’s sound mark for telecommunication services, parties filed cross motions for summary judgment on the issue of res judicata and/or collateral estoppel. Board previously ruled that the “chirp” sound for two-way radios failed to function and for cell phones it was not inherently distinctive and had failed to acquire distinctiveness. The Board here ruled that claim preclusion did not apply: “the third element of claim preclusion is not met inasmuch as the instant opposition is not based on the same set of transactional facts that were before the Board in Opposition No. 91164353.  In that proceeding, the core issue before the Board (the issue which was not precluded by the decision in Opposition No. 91161817) was whether the sound had inherent or acquired distinctiveness as a mark with respect to Motorola’s “cellular telephones.”  The Board made no finding as to whether the sound had acquired distinctiveness as a mark as used in connection with any of Nextel’s services…[T]he Board did not rule with respect to whether the sound was inherently distinctive, or had acquired distinctiveness as a mark for Nextel’s services.” As for collateral estoppel/issue preclusion, the Board also found no preclusion of the current claims: “There is no identity of issues inasmuch as the issues resolved in Opposition No. 91164353 differ materially from those presented in the instant opposition.”

91200910

06/18/2012 MOTION FOR DEFAULT JUDGMENT; DENIED; TRIAL DATES RESET

N

Opposer moved for default judgment based on Applicant’s untimely answer filed without explanation. Motion denied: facts indicate delay was willful or the product of gross neglect.

91201549

06/18/2012 MOTION TO SET ASIDE NOTICE OF DEFAULT; GRANTED; TRIAL DATES RESET

N

Applicant moved to set aside notice of default. Applicant’s late answer was served on Opposer but was not properly filed with the Board. Motion granted: “the Board cannot infer either willful delay or gross neglect from applicant counsel’s mistaken belief that the answer was properly filed with the Board.”

91201070

06/21/2012 PL`S MOTION TO REOPEN; GRANTED

N

Opposer filed later response to motion for summary judgment, which Board construed as a motion to reopen opposer’s time to respond to the motion for summary judgment. Response filed just a few minutes past the midnight deadline. Motion granted: “The length of the delay is infinitesimal, and will have absolutely no impact on this proceeding.  And it appears that opposer has acted in good faith and applicant does not contend otherwise.”

91202073

06/18/2012 P`S AMENDED NOTICE OF OPPOSTION DUE THIRTY DAYS

N

Applicant moved to dismiss under 12(b)(6) for failure to state a claim. The notice of opposition consisted of the ESTTA form and a letter from Opposer. Motion granted regarding 2(a) claim and 2(d) claim; Board noted that 2(d) claim contain the proper elements but the form of the notice of opposition was lacking.

91200183

06/21/2012 RESPONSE DUE IN (20) DAYS

N

Competing motions to strike filed; Applicant seeking to strike assignment documents recorded by Opposer. Board declined to rule on the issue on the assignments, noting its power is regarding registrability and the validity of the documents would be an issue for trail. Opposer’s motion to strike dismissed as untimely as it came more than 25 days after the Answer. But Board reviewed the Answer anyways and noted that some claims alleged must be raised in a compulsory counterclaim and that one affirmative defense was insufficient.

92054730

06/18/2012 PROCEEDINGS RESUMED

N

Respondent moved to dismiss petition to cancel under 12(b)(6) for lack of standing. Because petitioner is a competitor of respondent, petitioner is a competitor “with a commercial interest affected by the registration, and the petition to cancel sufficiently sets forth allegations of standing and a ground for cancellation that, if proven, would entitle petitioner to judgment.  Accordingly, respondent’s motion to dismiss the petition to cancel is denied.”

91197005

06/20/2012 PROCEEDINGS RESUMED

N

Applicant moved to dismiss under 12(b)(6) for failure to state a claim. Motion denied.

91197661

06/21/2012 PROCEEDINGS RESUMED

N

Opposer moved for discovery sanctions. Board found many responses supplemented (per earlier Board order) but still insufficient. Board did not grant judgment as sanction but:“As an alternative to judgment, which we do not consider appropriate in the circumstances of this case, we grant opposer’s requested sanction prohibiting applicant’s introduction at trial of any information not provided in response to the Board’s order compelling discovery responses.” “If filed during trial by opposer, the Board will accept any documents produced by applicant as a result of this order as authentic and admissible. However, because those documents were improperly withheld from opposer, applicant is prohibited from using those documents at trial, either as an exhibit to a testimonial deposition or by notice of reliance.”

91198154

06/21/2012 PROCEEDINGS RESUMED

N

Opposer moved to compel discovery responses; motion granted as conceded.

91200806

06/19/2012 PROCEEDINGS RESUMED

N

Applicant moved to strike paragraphs from the amended Notice of Opposition, interpreted as a motion under Rule 12(f) and 12(b)(6). Motion to strike reference to Opposer’s Canadian registrations denied. Motion to Dismiss fraud claim as improperly pleaded granted.

91201858

06/18/2012 PROCEEDINGS RESUMED

N

Applicant moved to dismiss under Fed. R. Civ. P. for failure to state a claim. Opposer’s response was late and attempted to argue the merits and other matters outside the pleadings; Opposer’s brief ignored by Board. Motion granted: Opposer failed to allege standing or descriptiveness. Opposer given time to amend pleading.
Tagged

Recent TTAB decisions and activity of note (June 11-17, 2012)

Between June 11 and 17, 2012, the TTAB issued numerous decisions. None were precedential – but one modified an earlier precedential decision to redact, upon an unopposed request from a party, several sentences from the Opinion.

There were a variety of interesting and important rulings during this period, including:

– Google successfully opposed SOOGLE

– Applicant’s prior registration on the supplemental register provided no help getting the mark re-registered and overcoming a generic refusal

– Petitioner Levi Strauss & Co has appealed to the CAFC the denial of its petition to cancel the jeans pocket design mark of Abercrombie & Fitch Trading Co.

Here is a rundown of the activity of note from the TTAB during this period [visit http://ttabvue.USPTO.gov to view any of the proceeding and documents]:

Proceeding No.

Date

TTAB Disposition

Precedent?

Notes

91198926

06/11/2012 PLAIN`S MOT. FOR SUMMARY JUDGMENT GRANTED N Google’s motion for summary judgment in its Opposition to SOOGLE for “Arranging and coordinating travel arrangements for individuals and groups, namely … Online trip and travel reservations services ….” granted under Section 2(d). GOOGLE mark found to be famous and coined, and the services at least related.

91199515

06/11/2012 PL`S MOT. FOR SUMM. JUDGMENT DENIED N Opposer’s moved for summary judgment on grounds of priority and likelihood of confusion denied; Board found genuine issue of material fact regarding the marks’ commercial impressions (POLLO CAMPERO v POLLO CAMPESINO).

77582484

06/11/2012 BOARD`S DECISION: AFFIRMED N Application for THE COLLECTORS TABLE for “Business consultation in the field of sales and marketing of alcoholic beverages; import agency services for others in the field of alcoholic beverages; promoting and marketing the alcoholic beverages of others; alcoholic beverage procurement services for others; and distributorships in the field of alcoholic beverages” refused under Sections 1 and 45 for specimens which fail to show use of the mark for the identified services. The refusal was affirmed; the Board found the specimens did not relate to the identified services. “[W]hen a service mark is used in advertising the services the specimen must show an association between the mark and the services for which registration is sought in order to comply with the statutory requirement that the mark “identify and distinguish the services.””

77650780

06/11/2012 BOARD`S DECISION: AFFIRMED N Refusal of WHO’S WHO ONLINE for an online directory as generic under Section 23 affirmed: “The record shows that WHO’S WHO is a unitary generic term.  The record also establishes that the term ONLINE is simply a designation for a type of information available on the Internet, and lacking source-identifying capability.”  And “Thus, Gould-type evidence showing the generic nature of the two terms is sufficient to establish that the separate terms retain their generic significance when joined to form a compound that has “a meaning identical to the meaning common usage would ascribe to those words as a compound.”” Applicant’s prior registration of the mark on the Supplemental Register irrelevant: “While it is unfortunate that applicant’s prior registration was not maintained, our precedent is clear; a cancelled or expired registration has no probative value other than to show that it once issued…. Applicant is not entitled to favorable treatment because it inadvertently allowed its prior registration to be cancelled.”

77902174

06/15/2012 BOARD`S DECISION: AFFIRMED N Refusal of BACKYARD CLASSIC for patio furniture under Sect. 2(e)(1) as merely descriptive (with “CLASSIC” disclaimed) affirmed. Three third party registrations for similar goods featuring disclaimers of “BACKYARD” given weight by the Board: “Although small in number, these third-party registrations are illustrative of the fact that the Office recognizes the term “backyard” as merely descriptive when used in connection with patio furniture.”

77954823

06/15/2012 BOARD`S DECISION: AFFIRMED N Application for WHO’S CALLING ME? for application service provider services related to phone call tracking refused as likely to be confused under Sect. 2(d) with registrations for WHO’S CALLING and Who’s Calling logo for software goods and services in the field of marketing and including measuring calls. Goods and services found to be overlapping and sold in same channels of trade; addition of ME? “does very little to distinguish the marks.” Refusal affirmed.

78767343

06/12/2012 BOARD`S DECISION: AFFIRMED N Application for SK (for alarm products,  variety of goods made of metal, and more) refused under section 2(d) as likely to be confused with three registrations for SK & Design owned by one registrant (for tool repair, metal boxes, alarm and camera products, and more). Marks found very similar; goods found overlapping, except in Classes 17 and 20. Refusal affirmed in Classes 6, 7, 8 and 9, will be allowed to proceed to registration in Classes 17 and 20.

85127067

06/14/2012 BOARD`S DECISION: AFFIRMED N Application for FIREBIRD X for guitars refused  under Section 2(d) as likely to be confused with registration of FIREBIRD for “electric audio equipment, namely, musical instrument sound processors comprising one or more of the following components, namely, amplifiers, equalizers, and speakers.” Dozens of third party registrations featuring goods of applicant and of registrant were submitted by Examining Attorney; goods found to be related and complementary. Refusal affirmed.

85152285

06/14/2012 BOARD`S DECISION: AFFIRMED N Refusal of ANNABELLE’S NATURAL ICE CREAM & Design (for ice cream) under Section 2(d) as likely to be confused with registration of ANNABELLE’S (for candy) affirmed. ANNABELLE’S found to be dominant part of Applicant’s mark and goods found to frequently emanate from same source (based on evidence from 5 third party registrations and 3 websites). Applicant’s ownership of prior registration for same mark and same goods irrelevant (“While it is unfortunate that applicant’s prior registration was not maintained, our precedent is clear; a cancelled or expired registration has no probative value other than to show that it once issued  and is not entitled to any of the statutory presumptions of Section 7(b) of the Trademark Act.”)

92049913

06/05/2012 APPEAL TO CAFC N Petitioner Levi Strauss & Co has appealed to the CAFC the denial of its petition to cancel the jeans pocket design mark of Abercrombie & Fitch Trading Co. due to issue preclusion.

92054315

06/12/2012 SUSPENDED PENDING DISP OF CIVIL ACTION N Respondent’s motion to suspend proceeding pending civil action granted. Note that civil action was filed after Petitioner’s motion for summary judgment was filed.

92053694

06/11/2012 SUSPENDED PENDING DISP OF OUTSTNDNG MOT N Parties granted one final suspension; Motion for Summary judgment was filed more than 5 months ago and due to extensions no response filed yet. “[N]o further  extensions to respond or suspensions will be granted until respondent’s motion for summary judgment is decided or withdrawn.”

92054736

06/12/2012 RESPONSE DUE 30 DAYS (DUE DATE) N Respondent moved to dismiss petition for cancellation for lack of standing and failure to state a claim upon which relief may be granted. Petitioner then filed an amended Petition substituting corporation for individual as petitioner. Board permitted the substitution, finding no prejudice to Respondent. Petitioner’s amended claims found to be sufficiently pleaded and motion to dismiss denied.

92055365

06/12/2012 RESPONSE DUE 30 DAYS (DUE DATE) N Motion to dismiss for failure to state a claim grated regarding grounds of abandonment (“Petitioner has failed to allege a required element of a claim of abandonment of a mark, namely, that respondent has abandoned use of the mark with intent not to resume use.”)

91199269

06/12/2012 RESPONSE DUE 30 DAYS (DUE DATE) N Applicant moved to strike affirmative defenses in Opposer’s answer to counter-claim. Motion granted in part:“The equitable defenses of laches and acquiescence are not available against claims of abandonment, as well as genericness, descriptiveness, fraud, and functionality… Moreover, the Board has long held that the equitable defense of estoppel is not available against the claim of abandonment because there exists a broader public policy interest in removing abandoned registrations from the register.”

“As for the defense of unclean hands, the Board finds opposer’s pleading of this bare legal conclusion to be insufficient to give applicant notice of the basis for the  defense.  “The elements of a defense should be stated simply, concisely, and directly” and “should include enough detail to give the plaintiff fair notice of the basis for the defense.”  TBMP §311.02(b) (3rd ed 2011).”

92055117

06/14/2012 TRIAL DATES RESET N Respondent’s motion for an extension of time to answer granted, and petitioner’s motion for default judgment denied.

91190109

06/12/2012 BOARD`S DECISION: DISMISSED N Applicant: IT’S HIP TO BE GREEN for stickers and other goods in Class 16. Opposer: IT’S HIP TO BE GREEN registered for shirts and hats and used for online retail and other goods/services.  Opposer had no records of sales prior to 2008 due to a hard drive crash and failed to establish priority of use for stickers and bumper stickers, despite showing priority on other goods and services. Evidence of record was not sufficient to establish the Applicant’s goods are related to those goods/services for which Opposer could establish priority. As a result, the Opposition was dismissed.

91178856

06/15/2012 BD`S DECISION: DISMISSED W/ PREJUDICE N Opposer owns registrations for BLUE NOTE for restaurant and cabaret services. Applicant seeks registration of BLUENOTES & design for variety of goods and services. Opposer failed to take or introduce any testimony or to submit a brief. While the parties were conducting settlement negotiations even after the testimony period and it is clear that Opposer has not lost interest in the proceeding, Opposer’s failure to submit any testimony or to seek a timely extension (it did not seek extension until a year after it closed). “[T]he reason for opposer’s delay, which was within its reasonable control, and the delay’s length and impact on this proceeding establish that opposer’s failure to take testimony or submit evidence during its testimony period is not excusable.” As a result the motion of extension is denied and cross motion to dismiss is granted and Opposition dismissed with prejudice for failure to prosecute.NOTE: Application filed in 2003. Opposition instituted in August 2007.

91152248

06/12/2012 BOARD`S ORDER Y Amendment of precedential decision: Per Opposer’s uncontested motion, the Board removed several sentences from the prudential opinion issued February 16, 2012.

91203113

06/14/2012 D`S MTN TO CORRECT DATES DENIED; TRIAL DATES RESET N Motion to suspend denied: “ the Board generally will not approve a motion or stipulation to suspend or extend time for settlement negotiations that are filed between the filing of an answer and the deadline for the settlement and discovery planning conference “precisely because the discovery conference itself provides an opportunity to discuss settlement.””

92055403

06/12/2012 P`S MOT. FOR RECONSIDERATION DENIED; PROCEEDINGS REMAIN SUSPENDED PENDING OUTCOME OF CIVIL ACTION N Motion for reconsideration of order suspending the cancellation pending outcome of civil action is denied.

91201360

06/12/2012 PROCEEDINGS RESUMED N Applicant moved to dismissed under Fed. R. Civ. P 12(b)(6) for failure to state a claim.  Motion dismissed as the claims were properly pleaded.
Tagged

Recent TTAB decisions and activity of note (5/29 – 6/10/2012)

Between May 29 and June 10, 2012, the TTAB issued many decisions Only was was precedential – it was actually the redesignation of a decision from a few weeks earlier.

There are many interesting and important rulings during this period, however including:

– motion to strike entire notice of opposition under FRCP 8 granted in part

– Opposition to the word CAVEMAN sustained based on a design mark consisting of a caveman

– ROLEX successfully opposed RALPH LAUREN RLX and RLX RALPH LAUREN

– refusal of CARDANO as primarily merely a surname reversed

– refusal of ATTORNEYYELLOWPAGES.COM reversed; decision included discussion of relevance of a very brief consent agreement

– refusal of registration of mark for failure to comply with Examining Attorney’s information requests affirmed

Here is a rundown of the activity of note from the TTAB during this period [visit http://ttabvue.USPTO.gov to view any of the proceeding and documents]:

Proceeding No.

Date

TTAB Disposition

Precedent?

Notes

92048578

05/23/2012 COURT`S DECISION: DISMISSED

N

Parties consented to dismiss the CAFC appeal. Note that appellant has earlier failed to file its appeal brief and Respondent/Appellant’s registration has been cancelled by the USPTO.

92050834

06/04/2012 PLAIN`S MOT. FOR SUMMARY JUDGMENT GRANTED

N

Parties, both using DOGTOPIA for dog daycare services, had earlier stipulated that marks and services were similar and that sole issue was priority. The parties cross-moved for summary judgment – Defendant’s motion was based on the concurrent use application and proceeding it filed. Plaintiff found to have priority – even if its prior use was only in Cleveland, Ohio area that is sufficient under Section 2(d) for cancellation – and the petition to cancel granted. As to Defendant’s concurrent use request, the Board found material facts in dispute regarding whether there is confusion despite the geographic territories set forth in the concurrent use application.

94002441

05/31/2012 BD`S DECISION: FAVORABLE TO APPLICANT

N

Concurrent use agreement between the parties accepted by Board. Note that the Board’s order contains a good summary of the agreement and the  key provisions of a concurrent use agreement.

76676618

05/29/2012 BOARD`S DECISION: AFFIRMED

N

Application for COCO LOCO (translation: crazy coconut) for fruit juices refused under Sect. 2(d) as likely to be confused with THE CRAZY COFFEE COMPANY COCO LOCO ESRESSO & Design (translation of COCO LOGO ESPRESS = crazy coffee) for coffee and tea. As a procedural issue, Board noted that the refusal was not improper merely b/c the prior pending serial number (at the time, now the cited registration) was not listed in the suspension order during prosecution of the application; Board found applicant was not prejudiced as the examining attorney has previously noted the possible refusal. Board found that THE CRAZY COFFEE COMPANY was not the dominant feature of registered mark, but rather that the mark is comprised of two “memorable and distinct elements: THE CRAZY COFFEE COMPANY and the COCO LOGO ESPRESSO logo.” Board affirmed refusal (“the marks are similar, the goods are related, move in the same channels of trade and are sold to the same consumers”).

77314375

05/31/2012 BOARD`S DECISION: AFFIRMED

N

Refusal of TEEN PSYCHIC for a variety of services in Class 41 and 45 including psychic services as merely descriptive under Section 2(e)(1). Board affirmed the refusal.

77500870

06/07/2012 BOARD`S DECISION: AFFIRMED

N

BUCKET O’ RIBS for ‘pork ribs’ refused as generic and/or merely descriptive. Generic refusal affirmed: “The record in this case clearly establishes that BUCKET O’ RIBS is commonly used by restaurants as a generic reference to a portion or serving of ribs.” Applicant’s evidence of 14 registrations of BUCKET O ____ or similar phrases, 10 of which have been cancelled, not persuasive.

77713799

06/06/2012 BOARD`S DECISION: AFFIRMED

N

Refusal of THE BLACK SERIES for electric massage appliances as merely descriptive under Sect. 2(e)(1) because the items feature the color black affirmed. Applicant’s argument that black denoted luxury or premium quality was not persuasive.

77777885

05/31/2012 BOARD`S DECISION: AFFIRMED

N

Applicant’s BITE ME mark for pet food stuff, namely edible greetings in the form of panels, biscuits and chips refused under Section 2(d) as likely to be confused with 3 cited registrations owned by 2 entities. The cited marks contained BITE ME and were for pet goods or services. Refusals affirmed.

77785797

06/05/2012 BOARD`S DECISION: AFFIRMED

N

YUMMY TUMMY for “potato chips; potato crisps; potato crisps and chips” refused under Sect. 2(d) due to likelihood of confusion with ORGANIC YUMMY TUMMY INTSANT OATMEAL for instant oatmeal. “Yummy Tummy” found dominant feature of registered mark; evidence of two other registrations using the phrase not persuasive that the term is weak and diluted.  Third party registration evidence showed that several marks are used in connection with both goods. Refusal affirmed.

NOTE – the third party registration showing the goods are similar appear to be house marks or store names that cover many products.

77920248

05/29/2012 BOARD`S DECISION: AFFIRMED

N

PROGRADE for safety aids (“Safety aids, namely, non-metal television, door, window, appliance, and drawer latches for child safety, non-metal toilet seat locks for child safety, non-metal corner guards for child safety; safety aids, namely, top of door locks and cabinet locks not made of metal for childproofing.”) refused under Sect 2(d)due to likelihood of confusion with PROGRAD for metal locks. Registrations submitted by Applicant during appeal were not considered. Find goods related – and without any restrictions on channels of trade – and offered for sale at same locations, Board affirmed refusal.

79081140

05/31/2012 BOARD`S DECISION: AFFIRMED

N

Applicant for LA PIEVE & Design for “Wines, spirits, liqueurs and alcoholic beverages, namely distilled spirits and aperitifs, consisting of wine, sparkling water and liqueurs” refused under Sect. 2(d) as likely to be confused with PIEVE DI SPALTENNA for wines. The marks had differing translation statements, which the Board took judicial notice that English translation of Italian word “pieve” is “parish.” Given that the goods are overlapping, Board found the marks similar in appearance and sound and affirmed the refusal.

85015573

05/29/2012 BOARD`S DECISION: AFFIRMED

N

Application for CHESTER’S CHOPHOUSE & WINE BAR (& Design) for ““restaurant and bar services featuring fine dining and table service; wine bar services,” refused under Sect. 2(d) due to likelihood of confusion with CHESTER’S and CHESTER’S & design mark for restaurant services (same owner) as well as CHESTER’S HAMBURGERS & Design for restaurant services. Board affirmed, finding the services overlapping and the dominant terms in all the marks identical.

85021590

05/31/2012 BOARD`S DECISION: AFFIRMED

N

Application for THE CHAMPAGNE LODGE & LUXURY SUITES for “hotels” refused as likely to be confused under Sect. 2(d) with CHAMPAGNE TOWERS registered for “resort hotel and restaurant services.” Board noted that applicant’s “hotel” services must be interpreted to include “resort hotel” services, and that neither the application nor registration featured any limitation on channel of trade. Finding CHAMPAGNE the dominant feature of both marks, Board affirmed refusal.

85034692

06/07/2012 BOARD`S DECISION: AFFIRMED

N

Application for TRITUM for “battery operated flashlights and headlamps” refused under Sect. 2(e)(1) as merely descriptive, as well as alternate ground of deceptively misdescriptive, and also for failure to comply with information request. Finding applicant failed to comply with information request (stating products had not yet been made), Board affirmed the refusal and did not need to consider the other grounds of refusal.

85063769

06/06/2012 BOARD`S DECISION: AFFIRMED

Y

Prior decision of April 19, 2012, re-designated as precedential

85079173

05/29/2012 BOARD`S DECISION: AFFIRMED

N

Applicant for COMFORT PLUS for a variety of medical products refused under Sect 2(d) for likelihood of confusion with COMFORTPLUS for “orthopedic braces.” Marks found nearly identical; goods found to possibly emanate from single source. Despite applicant’s attempted submission of third party registrations, Board found no evidence of extensive third party use of COMFORT and/or PLUS. Refusal affirmed.

85123800

06/05/2012 BOARD`S DECISION: AFFIRMED

N

Application for PLATFORM EQUINIX for variety of computer services refused under Sect. 6(a) for failure to disclaim “PLATFORM” as descriptive. Applicant’s arguments that its mark unitary and alliterative failed and refusal affirmed.

77005059

06/07/2012 BOARD`S DECISION: REVERSED

N

Refusal of application made under Section 2(f) for ATTORNEYPAGES for “providing a searchable directory of lawyers, legal service providers and information about the same through electronic means on a global computer network” based on (i) Sect. 2 (d) with ATTORNEYYELLOWPAGES.COM for online directory of attorneys registered on the supplemental register and (ii) lack of acquired distinctiveness. Applicant owned prior supplemental registration of its mark. Board found the cited registration extremely descriptive and weak and found the differences between applicant’s mark and the cited mark sufficient to be distinguishable. Applicant also cited a settlement agreement which Examining Attorney discounted as “naked” and lacking any real detail. However, Board said agreement should not be ignored because it was the result of litigation and was an “arms-length agreement.” Board thus found the marks not likely to be confused. Board also found the evidence of acquired distinctiveness sufficient under 2(f). Both refusals were thus reversed.

85230910

06/07/2012 BOARD`S DECISION: REVERSED

N

Application for CARDANO for variety of financial services refused as primarily merely a surname under Sect. 2(e)(4). In reviewing the rareness of the name, Board found that the number of entries submitted by Examiner Attorney was less than stated and contained duplicates; Board thus found that it is “extremely rare surname.” Board also found no evidence that it had look and sound of a surname, and other factors neutral. The rareness outweighed the other factors, and all doubts resolved in favor of applicant. Refusal reversed.

77440023

06/05/2012 BOARD`S DEC: AFFD IN PART/RVRSD IN PART

N

Refusal of HH HUDSON PRODUCTS & Design for machine and vehicle parts in Class 7, 9, 11, and 12 under Sect. 2(d) as likely to be confused with RLHUDSON & Design for engines and other vehicle parts. Despite differences in marks and designs, Board found marks rather similar. While evidence of 3 third parties making overlapping goods was shown by examiner, Board discounted as two of them were car manufacturers making replacements parts for their vehicles and one was the largest parts company with a very broad range of goods. Evidence from the three “would not show that consumers would expect these same goods to emanate from “regular” automotive parts manufacturers and suppliers and be sold under marks that are not the brand of the automobile manufacturer or automobile for which they are designed.” Board found goods in Class 11 (headlamps) not as similar as the other goods to the cited registrant’s goods. Refusal reversed as to Class 11, affirmed as to Classes 7, 9, and 12.

92055368

06/01/2012 SUSPENDED PENDING DISP OF CIVIL ACTION

N

Respondent’s motion to dismiss on the basis of insufficient service of process [FRCP 12(b)(5)]denied; even thought the petition filing was only the electronic cover sheet and exhibits. Respondent’s Motion to Dismiss under FRCP 12(b)(6) for failure to state a claim granted without prejudice; Petitioner stated no facts. Proceeding suspended pending civil action.

91199964

05/29/2012 RESPONSE DUE 30 DAYS (DUE DATE)

N

Applicant’s second proposed amendment to the identification of good is accepted as clearly limiting in nature. Applicant’s amendment to the drawing is accepted as not a material alteration; the addition of the wording “Standard No.” is an unregistrable component and has been disclaimed.

91198172

06/01/2012 TRIAL DATES RESET

N

Opposer moved to reopen its time in which to serve pretrial disclosures. Board determined that the parties did not inadvertently omit an extension of the deadline in its earlier filings with the Board. Finding that Opposer did not have ‘excusable neglect’ the motion was denied.

Note:  Opposer has subsequently withdrawn the Opposition.

91198440

06/06/2012 TRIAL DATES RESET

N

Opposer moved to test sufficiency of responses to Requests for Admissions. Requests 1 to 14 related to third party uses of similar marks. As this information is not generally within Applicant’s control, the motion is denied regarding these RFAs.

Requests 15 to 25 related to the accuracy of documents produced by Opposer and third parties. The motion was also denied as to these RFAs.

91199529

06/05/2012 TRIAL DATES RESET

N

Applicant filed an abandonment of the opposed Class 25 in its application without consent, and a withdrawal of its counter-claim. As a result, the Opposition is sustained.

91203538

06/04/2012 TRIAL DATES RESET

N

Opposer moved for default judgment. Opposer’s motion denied as applicant filed an Answer even though it was passed the extended deadline.

91204338

06/06/2012 TRIAL DATES RESET

N

Opposer moved to strike Applicant’s answer as deficient. Applicant submitted an amended answer in response. Motion granted as even the amended answer failed to conform to the requirements.

91170868

06/07/2012 BOARD`S DECISION: DISMISSED

N

Opposer (ROLEX) opposed registration of RALPH LAUREN RLX and RLX RALPH LAUREN for “jewelry and watches.” Opposer’s ROLEX mark found to be famous for watches and the goods of the parties identical. Applicant argued that the inclusion of its well known house mark precluded a finding of confusion. Board dismissed the Opposition under Section 2(d). Board found that the RL coming from RALPH LAUREN served to differentiate the marks sufficiently.

Note: The proceeding lasted for 6 years. Opposer’s evidence included a survey.

Will it be appealed?

91191683

05/29/2012 BOARD`S DECISION: DISMISSED

N

Application for LOUISIANA FASTSTART for business training services was opposed under Sect. 2(d) based on a likelihood of confusion with Opposer’s QUICK START mark registered and used with “educational services; namely, industrial training of managers and other employees of companies.” Opposer filed no evidence during its main trail period, but later filed a testimony deposition (taken prior to close of its trial period) and five notices of reliance after the close of its rebuttal testimony period. Opposer failed to introduce proper status and title copy of its registration. The notices of reliance are deemed untimely. The testimony deposition of Opposer was allowed into the record. Board found the Opposer proved it has some common law rights prior to Applicant (because it could not rely on registration) and that the services are very similar. But finding that the terms QUICK START are highly suggestive and are mostly used as “ Georgia Quick Start”, which led to finding that the marks are no similar in sound, appearance, connotation or commercial impression, the Board concluded that “that opposer has failed to shown by a preponderance of the evidence that the use of Louisiana FastStart on applicant’s services will result in a likelihood of confusion with the Quick Start mark” and dismissed the opposition.

91180851

06/07/2012 BOARD`S DECISION: SUSTAINED

N

Registrant’s ICEWEAR & Design for clothing challenged under Section 2(d) based on Petitioner’s registration and use of ICEBERG and ICE for clothing. Opposer’s evidence consisted of its registrations and printed materials showing its mark in connection with its goods. Applicant submitted no evidence and no brief. Board sustained the Opposition finding the marks similar and the goods overlapping.

91192340

05/29/2012 BOARD`S DECISION: SUSTAINED

N

Opposition to CAVEMAN for decals, stickers, and clothing under Sect. 2(d) based on Opposer’s alleged prior use of CAVEMAN for clothing, and registration of a caveman design mark. Board found the design mark to have same meaning and commercial impression as Applicant’s CAVEMAN word mark. Goods in Class 25 found overlapping; goods in Class 16 found not related. Opposition sustained for Class 25, dismissed for Class 16.

91195088

06/04/2012 BOARD`S DECISION: SUSTAINED

N

Opposition to FEDERAL FIDELITY BANK & TRUST [& design] based on Opposer’s use and registration of many FIDELITY marks. Applicant submitted no testimony and no brief, and Opposer’s testimony included unanswered Requests for Admissions to applicant. Board, based on the record, sustained the Opposition: “[T]he absence of any evidence of third-party use or registration of FIDELITY in connection with similar services suggests that FIDELITY is a unique term in the financial field, and thus more likely to create confusion when used in both applicants’ and opposer’s marks.” [NOTE: USPTO records actually show many third party registrations containing FIDELITY for financial services.]

91195090

06/04/2012 BOARD`S DECISION: SUSTAINED

N

Opposition to “FIDELITY FEDRAL BANK AND TRUST OF FLORIDA” for banking services on 2(d) grounds. A pplicant submitted no testimony and no brief, and Opposer’s testimony included unanswered Requests for Admissions to applicant. Board, based on the record, sustained the Opposition: “[T]he absence of any evidence of third-party use or registration of FIDELITY in connection with similar services suggests that FIDELITY is a unique term in the financial field, and thus more likely to create confusion when used in both applicants’ and opposer’s marks.” [NOTE: USPTO records actually show many third party registrations containing FIDELITY for financial services.]

92053739

06/04/2012 BOARD`S DECISION: DISMISSED W/ PREJUDICE

N

Petition to Cancel LAKESIDE for a musical band’s services based on alleged prior use of identical mark for identical services. Respondent moved to dismiss for failure to prosecute as Petitioner submitted no testimony. Board ruled that “[P]etitioner’s testimony period has expired and petitioner has neither taken any testimony nor submitted any other admissible evidence.  Without testimony or other admissible evidence, petitioner has not met and cannot meet its burden of proof.  Accordingly, respondent’s motion to dismiss under Trademark Rule 2.132(a) is hereby GRANTED, judgment is entered against petitioner and in favor of respondent and the petition for cancellation is dismissed with prejudice

91192645

05/29/2012 BD`S ORDER RE TELEPHONE CONFERENCE; TRIAL DATES REMAIN AS SET

N

Applicant moved for a protective order, Opposer cross-moved for sanctions. Applicant’s counsel indicated its witness was unavailable for scheduled deposition (pursuant to an earlier Board order) due to a head injury. Opposer’s counsel relayed suspicions. Applicant’s counsel confirmed (after the date of the scheduled deposition) that the witness had traveled to Germany for a conference. Motion for sanctions denied as premature; parties indicated they were cooperating to complete the deposition, and motion for protective order deemed moot.

91125116

06/08/2012 BOARD`S ORDER TRIAL DATES REMAIN AS SET

N

Applicant’s motion for reconsideration and motion to extend its testimony period both denied. Applicant did not show good cause for extension. “In particular, the Board is troubled by applicant’s failure to provide any information regarding its diligence in deposing the witness in the face of time constraints which had not only been articulated by opposers but which were set down in an agreement and then the subject of reminders to applicant during the deposition”

91176159

06/01/2012 BOARD`S ORDER TRIAL DATES RESET

N

Opposer moved for reconsideration of Board order denying its motion to compel as untimely. The motion to reconsider is denied.

91194679

05/29/2012 CROSS-MOTIONS; DENIED; PROCEEDINGS RESUMED

N

Opposition to INDEPENDENT NATION & Design for publication of electronic magazines, blog, etc. Opposed by user and registrant of INDEPENDENT NATION for “advertising and promotion” of his book of the same name, as well as for an “Internet news portal” and “online community,” and a Web site, “online forum” and blog in the fields of news, politics, media, social issues, public affairs and entertainment. Opposer moved for Summary Judgment and applicant cross-moved. Opposer’s motion based in part on unanswered requests for admission it sought to have deemed admitted. But Applicant had submitted late response to the RFAs which Board deemed a motion to withdraw the deemed admissions and granted such motion. Finding genuine issues of material fact, Board denied the cross motions for summary judgment.

91201700

06/07/2012 DATES REMAIN AS PREVIOUSLY SET

N

Opposer moved to compel responses to interrogatories and documents requests without objections. Motion granted:  “applicant has made no showing that its failure to respond to the discovery requests in a timely manner was the result of excusable neglect”

91203721

06/04/2012 DISMISSED AS A NULLITY; APPLICANT ALLOWED 30 DAYS TO FILE A REDACTED COPY OF ITS ABN

N

Opposition dismissed as null: Request for extension of time to Oppose was filed by Mann (Suyen’s attorney). Opposition was clearly intended to be filed by Suyen (even though it references Mann in the electronic cover sheet).

91202201

06/04/2012 MOTION TO QUASH AND PROTECTIVE RELIEF GRANTED

N

Opposer’s motion to quash the deposition of Opposer’s counsel granted. Applicant sought to depose Opposer’s counsel on the grounds that counsel signed Opposer’s interrogatory responses. Opposer’s counsel is not an agent of the corporation. Board also noted that the verification signed by Opposer was insufficient: “as it is neither sworn to under oath or notarized and therefore, opposer’s answers are not properly signed by opposer under Fed. R. Civ. P. 33(b)(3) and (5).”

91199542

06/05/2012 P`S MOT. TO COMPEL GRANTED, IN PART, DENIED, IN PART; TRIAL DATES RESET

N

Opposer moved to compel, and the motion was granted in part.

91198263

05/30/2012 P`S MOT. TO COMPEL GRANTED; TRIAL DATES RESET

N

Opposer (the rock band CREED) moved to compel discovery responses. Motion granted. Applicant (CREED COMICS) must response without objection.

92053738

05/29/2012 PROCEEDINGS RESUMED

N

Petitioner moved for judgment as a sanction for Respondent’s alleged failure to comply with prior Board order granting Petitioner’s motion to compel. While Respondent served discovery answered, they were very late. Board granted motion but not the requested judgment. Respondent was sanctioned:

“• respondent’s concession that there is a likelihood of confusion between the parties’ marks is accepted, and petitioner need not prove likelihood of confusion at trial, as it is now established;

• discovery is closed for respondent;”

• petitioner is entitled to follow-up discovery within the time period set herein; and

• petitioner shall promptly bring any further discovery deficiencies to the Board’s attention and the issue will be promptly resolved via teleconference, and in the event respondent fails to participate in such a teleconference, or the discovery process, as ordered, judgment shall be entered against respondent on petitioner’s motion.

In other words, the only issues remaining for trial are priority and laches.

91198182

06/05/2012 PROCEEDINGS RESUMED

N

Opposer moved to compel. Applicant filed an untimely response brief, but Board exercised its discretion to consider the motion on the merits. Finding applicant’s responses to specific document requests and interrogatories insufficient, Opposer’s motion granted. Opposer’s motion to test the sufficiency of applicant’s responses to admission requests at issue is granted to the extent that applicant must serve amended answers to multiple requests.

91200192

06/06/2012 PROCEEDINGS RESUMED

N

Applicant moved to dismiss pursuant to FRCP 12(b)(6). Applicant’s motion to dismiss denied as to opposer’s claim of priority and likelihood of confusion. However, Opposer’s claim of deceptiveness under Sect. 2(a) is stricken.

91201700

06/04/2012 PROCEEDINGS RESUMED

N

Opposer’s motion to compel granted. Applicant ordered to “(1) serve amended responses without objection to opposer’s first set of interrogatories and first set of document requests; (2) select, designate and identify the items and documents, or categories of items and documents, to be produced without objection in response to opposer’s first set of document requests; and (3) notify opposer that the selection, designation and identification of such items and documents has been completed.” Requests for admissions are deemed admitted; while Applicant submitted late responses, it did not show any excusable neglect.

91204116

06/01/2012 PROCEEDINGS RESUMED

N

In response to notice of opposition to the mark EVIL DEAD, Applicant moved to strike the entire notice of opposition under FRCP 8 because it was not a “short and plain” statement, but 61 pages. Motion to strike granted in part: “A review of the pleading shows that it consists of redundant and repetitive allegations as well as immaterial, irrelevant or impertinent matter.”
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TTAB finds that configuration of a Hershey bar is registrable trademark

In an non-precedential decision issued last week, the Trademark Trial and Appeal Board found the configuration shape of a Hershey candy bar (“The mark is a configuration of a candy bar that consists of twelve (12)  equally-sized recessed rectangular panels arranged in a four panel by three panel format with each panel having its own raised border within a large rectangle”), which has been used since 1968, is not functional as a whole. The Board therefore reversed the examining attorney’s refusal and then found that Hershey has provided sufficient evidence to demonstrate the design had acquired distinctiveness.

While the Board agreed with the examiner that the scoring of the candy bar is functional -and is a feature used by other candy bar makers – it noted that “applicant is seeking to register a candy bar comprising all of the elements shown in the drawing and in the description of the mark, i.e., “twelve . . . equally-sized recessed rectangular panels arranged in a four panel by three panel format with each panel having its own raised border within a large rectangle..”” In other words, the configuration is more than just scoring but includes the borders and the layout of the scores.

“[E]even if certain features found in applicant’s candy bar design are functional and common to other candy bars, it does not necessarily follow that the overall appearance of applicant’s candy bar configuration is functional.”

The Board had no problem accepting Hershey’s evidence of acquired distinctiveness (Applicant had admitted that the configuration was not inherently distinctive and sought registration under Section 2(f)) which included a survey as well as a declaration regarding the extensive use, sales and advertising number associated with goods bearing the mark. And the Applicant demonstrated its use of “look for” advertising, which can be key in showing acquired distinctiveness of a non-traditional trademark (see UPS brown mark and its use of “What can brown do for you?” as a great example)

Follow up question: Would it be prudent if the USPTO required Applicants of a configuration mark like this one to define the configuration elements they seek to protect with more specificity and/or to disclaim the elements that are not being protected?  See the current Louboutin red sole dispute for another mark where the arguable imprecise boundaries of what is claimed and what is protected  by the trademark registration matter.

The full opinion of the Board (PDF) is here: http://ttabvue.uspto.gov/ttabvue/ttabvue-77809223-EXA-15.pdf

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