May 19 2012
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Uncategorized, Weekly Filings

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 May 12 – May 18, 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 91205135 BECK, ANTHONY 85465167 HELION HELIOS Kliniken GmbH
TTABVue 91205188 BESTA HANDBAG INC 85402901 [Design Mark] Jones Investment Co., Inc.
TTABVue 91205111 BROWN, KELVIN 85290999 VITAL HEALTHCARE GROUP Vital Images, Inc.
TTABVue 91205159 CROSSBY, ARIEN M. M. 85303979 HÂRN Columbia Games Inc
TTABVue 91205107 EDMUND D SAMORA LLC DBA FIRST COLONY TAXI 85478417 FIRST COLONY TAXI Sugarland Properties Incorporated
TTABVue 91205183 FLYING TIGERS AIR CARGO, LLC 85379372 T FLYING TIGERS AIR CARGO Federal Express Corporation
TTABVue 91205186 JACQUIE CARTER 85402170 MUSIC OF YOUR LIFE Clear Channel Broadcasting, Inc.
TTABVue 91205178 MAYS, KIRK 85395243 HEADBALLZ Head Technology GmbH
TTABVue 91205170 MUCTHISON, DWAYNE 85380091 C&G CREATIVITEE & GENES Chanel, Inc.
TTABVue 91205138 NAUTI MARINE 85493370 NAUTI LIFE Nautica Apparel, Inc.
TTABVue 91205134 RAVENSWOOD DEVELOPEMENT LLC 85296922 RAVENSWOOD COFFEE Franciscan Vineyards, Inc.
TTABVue 91205175 ROZNOWSKI, HOLLY M, ROZNOWSKI, WESLEY M 85397572 PATAGUCCI Gucci America, Inc.
TTABVue 91205165 TEHNOHAUZ, LIMITED LIABILITY COMPANY 79105553 STARK Stark Carpet Corp.
TTABVue 91205150 UMYUM 85473574 YUM! Red Robin International, Inc.
TTABVue 91205164 0733660 B.C. LTD. DBA E-MAIL2 77961653 EMAIL2 SoftCom Inc.
TTABVue 91205190 ALPSTAR CAPITAL UK LIMITED 79097967 ALPSTAR Attorneys Liability Protection Society, Inc.
TTABVue 91205167 ANGELUS 79095007 CAFE PUSHKIN Thomas D. Rydzaj
TTABVue 91205141 ANNAYA.CO, INC. 85393935 ANNAYA.COANNAYA.CO Brown Shoe Company, Inc.
TTABVue 91205182 ARNSTON, CATHARINE V. 85453989 VITALITYBITS Melaleuca, Inc.
TTABVue 91205149 ATLAS PEAK CAPITAL MANAGEMENT, LLC 8542947185429501 ATLAS PEAK CAPITALATLAS PEAK CAPITAL Atlas Venture Advisors, Inc.
TTABVue 91205166 AVECIA BIOTECHNOLOGY, INC. 85357545 OLIGO Girindus AG
TTABVue 91205174 BASTARRACHEA, RAUL A. 85465667 SLENDERSMART Lorna Vanderhaeghe Health Solutions, Inc.
TTABVue 91205151 BAYLY LEDES 85464454 CUBIE Target Brands, Inc.
TTABVue 91205137 BOOKS WITHOUT BORDERS (KUTUB BILA HUDOOD ) 85181019 KUTUB BILA HUDOOD Bureau International de Medecins Sans Frontieres and Medecins Sans Frontieres USA, Inc.
TTABVue 91205185 BORVIN BEVERAGE FRANCHISE CORPORATION 85402960 SOPER LEGACY Jackson Family Farms, LLC
TTABVue 91205114 BRENWELL MEDIA LLC 85406236 BAILZOOM.COM NATIONWIDE BAIL BOND SERVICE LegalZoom.com, Inc.
TTABVue 91205180 CLOCKWORK IP, LLC 85321840 POWERED BY MA 85293828Application File Appl
TTABVue 91205163 COLSTOCK, LLC 85352016 COLOMBIAN WHITE STOCK Stock Spirits Group USA Inc.
TTABVue 91205153 COUGAR JUICE VODKA, LLC 85443667 COUGAR JUICE Clos La Chance, LLC
TTABVue 91205184 DERMAL LIFE, LLC 85401846 HEALIXADERM Johnson & Johnson
TTABVue 91205128 DIRECTV, LLC 85080823 DIRECTVFLIX Showtime Networks Inc.
TTABVue 91205118 DOCTORS RESEARCH GROUP 85271969 KRYPTONITE DC Comics
TTABVue 91205119 DOCTORS RESEARCH GROUP 85272008 KRYPTONITE DC Comics
TTABVue 91205106 DUAL GROUPE LLC 85439019 MPD Gans-Mex, LLC d.b.a MPD
TTABVue 91205142 EMPIRICAL FINANCIAL SERVICES 85411949 EMPIRICAL WEALTH MANAGEMENT Empirical Concepts, Inc.
TTABVue 91205144 EMPIRICAL FINANCIAL SERVICES 85396738 EMPIRICAL INVESTING Empirical Concepts, Inc.
TTABVue 91205147 EMPLOYEE BENEFIT SOLUTIONS, INC. 85250608 AWA AXA
TTABVue 91205120 FAMOUS BOARDING WAXES, LLC 85180110 FAMOUS SURF ACCESSORIES Brown Group Retail, Inc.
TTABVue 91205116 FIBER CEMENT FOAM SYSTEMS INSULATION LLC 85482689 LINEBACKER INSULATION Progressive Foam Technologies, Inc.
TTABVue 91205123 FIVE CHEFS PROFESSIONAL KITCHEN CORPORATION ION 85315210 5IVE CHEFS FIVE GUYS HOLDINGS, INC.
TTABVue 91205121 FLAG SPORTSWEAR, INC. 85413579 BLAST FROM THE PAST Tony Marterie & Associatess
TTABVue 91205148 FLEETCOR LUXEMBOURG HOLDING2 S.À. R.L., FLEETCOR LUXEMBOURG HOLDING2 S.À.R.L. 8537707385377061

85377088

85377094

 GLOBAL FLEETNETGLOBAL FLEETNET

GLOBAL FLEETNET

GLOBAL FLEETNET

 C.S.I. Enterprises, Inc.
TTABVue 91205112 FOREY, SEANNA 85280749 MOOLESS MILK Cytosport, Inc.
TTABVue 91205127 FOUR HORSEMEN BREWING COMPANY, INC. 8535616085356169 FOUR HORSEMEN BREWING COMPANY EST. 2010 SOUTH BENDFOUR HORSEMEN University of Notre Dame du Lac
TTABVue 91205110 GA GA JEANS LIMITED 85456166 GAGA JEANS Ate My Heart, Inc.
TTABVue 91205157 GIORGIO ARMANI S.P.A., MILAN; SWISS BRANCH MENDRISIO 79079982 AJ AJ Indoor, LLC
TTABVue 91205109 GUILLEMETTE, CLAUDE 85411590 4GWTC World Trade Centers Association, Inc.
TTABVue 91205104 HILL, JOHN W., III 85352473 MATTRESS SOURCE The Mattress Source, Inc.
TTABVue 91205125 HOSPITAL TEAMCARE, LLC 85439386 TEAMCARE Team Health, Inc.
TTABVue 91205145 HUMAN RESOURCE STRATEGIES, INC. 85465839 HR STRATEGIES YOUR HUMAN RESOURCE COMPETITIVE EDGE HR Strategy Group, LLC
TTABVue 91205156 JAVA JUGGLERS INC 85403982 360VIZON SOLUTIONS360VISION SOLUTIONS Vision Solutions, Inc.
TTABVue 91205155 JOSHUA STEWART 85373795 TURBO CRIMPER Malco Products, Inc.
TTABVue 91205160 KELLY KILLOREN BENSIMON, INC. 85469775 I CAN MAKE YOU HOT Paul McKenna
TTABVue 91205169 KRIM, LARRY 85470744 DREAM NUMBER Select Comfort Corporation
TTABVue 91205122 LILA NATURAL COSMETICS INC. 85212198 SCOTCH NATURALS 3M Company
TTABVue 91205179 LIVE LIDS 85403360 WHAT’S UNDER YOUR LID? Hat World, Inc.
TTABVue 91205146 LUVBEATS, LLC 85398258 LUVBEATS Beats Electronics, LLC
TTABVue 91205152 MICHAEL BLUM 85369987 YUM BUNZYUM BUNZ DIM SUM FAST Red Robin International, Inc.
TTABVue 91205133 MISSION PRODUCT HOLDINGS, INC. 85207208 MISSION FOOT REHAB CREAM Mission Pharmacal Company
TTABVue 91205172 MONAVIE LLC 85384177 COMMUNITY COMMERCE Community Coffee Company of Texas, Inc.
TTABVue 91205129 MONEYWORKS, INC. 85354119 CUBRE TU CULO Micon Artist Management, Inc.
TTABVue 91205108 NANCY AND MARY DESIGN, LLC 85203652 “CUBBY” PILLOW Chicago Cubs Baseball Club, LLC
TTABVue 91205181 NEBO AGENCY, LLC 85410309 NEBO Nebraska Book Company, Inc.
TTABVue 91205139 NUTRACEL LABORATORIOS S.A. DE C.V. 85395403 GELAPROT National Nutrition, Inc.
TTABVue 91205140 PEOPLE’S BANK 85490520 YELLOW DOT Homer H Hutcheson
TTABVue 91205171 PEOPLE’S BANK 85490520 YELLOW DOT Jill C. Dunn
TTABVue 91205177 RAIN HARVESTING PTY. LTD. 77764182 RAIN HARVESTING Rain Bird Corporation
TTABVue 91205154 SANFORD M. GROSS 85397999 AON Harman International Industries, Incorporated
TTABVue 91205168 SIMEK, RON, SIMEK, MYKI 85318602 TOMBSTONE TAP GRILL Societe des Produits Nestle S.A.
TTABVue 91205103 THE B & F SYSTEM, INC. 85355541 LIVE-RIDE-ROCK K-2 Corporation
TTABVue 91205105 THE B & F SYSTEM, INC. 85355546 LIVE TO RIDE K-2 Corporation
TTABVue 91205124 THE DETROIT MOTORCYLCE COMPANY, LLC 85335291 DETROIT MOTORCYCLE COMPANY Detroit Tigers, Inc.
TTABVue 91205113 THE LITTLE BABY FACE FOUNDATION 85086222 LITTLE BABY FACE FOUNDATION BELIEVE IN MIRACLES Children’s Miracle Network
TTABVue 91205173 THE PROCTER & GAMBLE COMPANY 85390497 SEAMLESS FIT Kimberly-Clark Worldwide, Inc.
TTABVue 91205130 THE VELVET NIGHTS, LLC 85370990 RM REBELIST MAGAZINE WWW.REBELISTMAGAZINE.COM Rebel Media, LLC
TTABVue 91205143 TORO MIX, INC. 8540552685397213 TORO MIXEL ORIGINAL TORO MIX MICHELADAS Red Bull GmbH
TTABVue 91205176 U.S. ENDOSCOPY GROUP, INC. 85410520 CERTUS NeuWave Medical, Inc.
TTABVue 91205162 U.S. SPORTS ASSOCIATION LLC 78853100 AMERICAN RUGBY DENIM PRL USA Holdings, Inc.
TTABVue 91205136 VERTEX PHARMACEUTICALS INCORPORATED 85337476 THE SCIENCE OF POSSIBILITY Waters Technologies Corporation
TTABVue 91205126 WEB VENTURES LIMITED 85122544 MOBILEMII Nintendo of America Inc.
TTABVue 91205132 WEB VENTURES LIMITED 85122544 MOBILEMII Apple Inc.
TTABVue 91205187 WOHALI OUTDOORS, LLC 85464085 STEEL EAGLE Sheltered Wings, Inc.
TTABVue 91205115 WORLDWIDE ENERGY AND MANUFACTURING (NANTONG) CO., LTD. 85353688 AMERISOLAR Amer-Sil S.A.
TTABVue 91205117 WORLDWIDE ENERGY AND MANUFACTURING (NANTONG) CO., LTD. ONG) CO., LTD. 85353693 AMERISOLAR AMER-SIL S.A.

Cancellation No.

Respondent

Serial No.

Trademark

Petitioner
TTABVue 92055613 AMBROSIA TECHNOLOGY LLC 78933196 SEA-CROP Atlantic Laboratories, Inc., DBA North American Kelp Company
TTABVue 92055604 ANY TEST FRANCHISNG, INC. 85411832 TAKE CONTROL OF YOUR HEALTH SLD Testing, Inc.
TTABVue 92055625 CARRIE ANNE KING 77477227 MOJOCASTLE Mojocastle Press LLC
TTABVue 92055602 CHINA INTERNATIONAL MARINE CONTAINERS (GROUP) CO., LTD. 77599628 TRANS CON Phoenix Forging Company, Inc.
TTABVue 92055598 EMANUEL J. SEVERE 78917447 PERSEVERE Dylan Kwasniewski IP Holding Co., LLC
TTABVue 92055603 MDMA PUBLISHING, INC. 77274657 KERAGEN Keragen, LLC
TTABVue 92055616 REN JEI LIOU 85180620 BANG Christopher Q. Fu and Bang Golf, Inc.
TTABVue 92055621 ASSOCIATION OF RECORDS MANAGERS AND ADMINISTRATORS, INC. 77658148 GARP Global Association of Risk Professionals, Inc.
 TTABVue 92055622 BIG VISION, INC 77544695 BIG VISION Chuck Haifley
TTABVue 92055624 BLINKMIND, INC. 77869960 [Design mark] DIRECTV LLC
TTABVue 92055615 BOX.NET, INC. AKA BOX 78884980 BOXCLOUD Lacie S.A.
TTABVue 92055605 BUCK CONSULTANTS, LLC 78756141 HEALTH DATA INSIGHT HMS Holdings Corporation
TTABVue 92055627 CLIFFORD SMITH 85405428 FRANKENSIGNS Frankensigns, Inc.
TTABVue 92055607 ENDOMATRIX, INC. 76566955 PROVASCA Vascular Health Sciences, LLC
TTABVue 92055617 EVAMOR PRODUCTS, INC. 76253723 EVA Evawater, Inc.
TTABVue 92055626 FRESH FOOD CONCEPTS, INC. 75420806 SENOR FELIX’S Stanley Wetch
TTABVue 92055619 GENERAL ATTRACTIONS, LLC 78838847 MAGIC CITY USA Starz Entertainment, LLC
TTABVue 92055623 MARKETING RESULTS LTD 78975856 DURA SEAL Relyco Sales, Inc.
TTABVue 92055628 MUSIC BOX THEATRE, LLC 76609849 THE MUSIC BOX Music Box Building Co., LLC
TTABVue 92055618 ONLY THREE LLC 77798543 JESSAN Jessica Cosmetics International, Inc.
TTABVue 92055620 OREGON BREWING COMPANY 78445382 UBER Margerum Wine Company, Inc.
TTABVue 92055614 PEACE LOVE WORLD, LLC 77884548 I AM BLESSED Dawn Stewart
TTABVue 92055606 POTENTIAL UNLIMITED, INC. 74432606 POTENTIAL UNLIMITED Susan Cotta Physical Therapy, Inc.
TTABVue 92055600 RAFFEL SYSTEMS, LLC 77200015 THE VIBE Clear Institute, Inc.
TTABVue 92055597 TIMES THREE CLOTHIER, LLC 7797951477963507 RIP’T FUSIONRIPT FUSION Ript Apparel
TTABVue 92055599 UNIVERSAL INTELLECTUAL PROPERTY HOLDINGS , INC. 78600260 UPFRONT REWARDS AccountNow, Inc.
Tagged
May 17 2012
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TTAB Decisions

Recent TTAB decisions and activity of note (4/30 – 5/6/2012)

During the week of April 30 – May 6, 2012, the TTAB issued no precedential decisions. But it did issue several important findings on procedure and discovery. Note two motion under FRCP 56(d) – one granted and one denied. Microsoft lost and ex parte appeal on several grounds.

Several interesting decisions are highlighted in bold.

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

Proceeding No.

Date

Board Disposition

Precedent?

Notes

77860835

 05/01/2012 BD`S DECISION SET ASIDE

N

 Apple has sought registration of ITUNES LP without disclaimer of “LP.” The Board previously upheld the disclaimer requirement. Applicant subsequently submitted a disclaimer and thus the decision is set aside and the mark will proceed to publication.

91200728

 04/30/2012 DEF`S MOTION FOR SUMMARY JUDGMENT DENIED

N

 Opposer’s Mark: JUST & Design for food and cosmetic products. Applicant’s Mark: JUST BEE & Design. Applicant’s Motion for Summary Judgment denied because at a minimum “there exists a genuine dispute of material fact as to the degree of similarity, if any, of the parties’ marks and the relevant goods, and the scope of protection to be afforded opposer’s marks.” The Board affirmed the disclaimer requirement: “In view of the foregoing and the evidence in the record, the examining attorney has established that “recycled paper” refers to a sub-genus of goods within the genus of greeting cards.  As such, “recycled paper” is generic for greeting cards composed of recycled paper.”

77252690

 05/04/2012 BOARD`S DECISION: AFFIRMED

N

 Issue on ex parte appeal was whether Applicant had to disclaim “RECYCLED PAPER” portion of three marks. Applicant applied for the marks under Section 2(f) claiming acquired distinctiveness – and conceding descriptiveness – but still must disclaim any generic wording. Disclaimer requirement affirmed.

77651154

 04/30/2012 BOARD`S DECISION: AFFIRMED

N

 Application for DA VINCI for clothing was refused under Sect. 2(d) as likely to be confused with the registered marks DON DAVINCI for variety of clothing and L’IL DAVINCI for variety of apparel. In affirming the refusal, the Board noted the overlap between the goods, that all three share a commercial impression of Leonardo Da Vinci, and distinguished the third party registrations: ‘all four of the third-party DAVINCI marks incorporate other matter that serves to distinguish them from each other, as opposed to applicant’s mark which does not, other than a space, which as discussed above does not serve as a distinction.”

77767314

 04/30/2012 BOARD`S DECISION: AFFIRMED

N

 Application for ACTIVLASH for “eyelash conditioner” refused under Sect. 2(d) as likely to be confused with ACTILASH registered for “cosmetic preparations for eye lashes.” In affirming the refusal, the Board found the goods identical or overlapping, and the marks extremely similar in appearance. “With regard to connotation, consumers are likely to view the prefix ACTI in the cited mark as referring to “active,” a meaning reinforced by the registrant’s company’s name, Active Organics.”

77820474

 04/30/2012 BOARD`S DECISION: AFFIRMED

N

 Application for a stylized “X” for video game hardware and services refused under Sect. 2(d) with: X (standard character) for video game hardware and software, and with X (standard character) for online game services. “Applicant’s and registrant’s marks are legally identical” since Applicant’s mark could be displayed in any manner, and are pronounced the same. Even following the cited registrant’s cancellation of its registration in class 9, the Board affirmed the refusal as to all of Applicant’s goods and service.

78863190

 05/04/2012 BOARD`S DECISION: AFFIRMED

N

 Applicant (Microsoft) appealed refusal of WINDOWS RALLY for software on several grounds – ID amendment that exceeded scope of earlier ID; specimen; refusal to provide information about the goods; and disclaimer of ‘WINDOWS.’–    Identification: Refusal affirmed “because the addition of “computer software platform” and “computer software development tools” includes functionality that exceeds the existing identification, the amendment is beyond the scope of the identification.  –    Specimen: refusal affirmed as mark not shown in connection with the applied for goods

–    Request for Information: Refusal affirmed because the information requested by examiner was relevant, and the request was not fully complied with by Applicant

–    Disclaimer of “WINDOWS”: refusal affirmed: e are persuaded by the evidence of record that the phrase WINDOWS is merely descriptive of applicant’s goods, as identified in the last acceptable identification, in that the term immediately describes a significant feature of the goods, namely that they include a GUI that features windows.”

85104508

 05/01/2012 BOARD`S DECISION: AFFIRMED

N

 Refusal of LA CASITA MEXICAN GRILL for “restaurant services” under Section 2(d) due to likelihood of confusion with registrations LA CASITA MEXICANA for restaurant services. Finding “LA CASITA” to be the part of the mark with source-identifying significance and to be identical in the marks. Board dismissed relevance of a third party with registrations of LA CASITA CHILANGA and LA CASITA CHILANGA RESTAURANT also for restaurant services. Board noted that different geographic locations, a claim cited by Applicant, are irrelevant since this is not a concurrent use proceeding.Note that the Board also affirmed requirement of applicant to submit $50 fee because the TEAS Plus application did not include a translation.

77723599

 05/04/2012 BOARD`S DECISION: REVERSED

N

 Appeal of “deceptively misdescritptive” refusal under 2(e)(1) of TATER DOG for ““freshly prepared sandwich consisting of meat with or without condiments inserted into the hollowed cavity of an edible bread roll” was refused. Applicant “confirmed that his sandwich basically comprises a hot dog inserted into a hollowed cavity of a potato roll; according to applicant, the hot dog product is designed to minimize condiment spills.” The Board reversed the refusal, finding the mark “just suggestive.”Interesting notes: Applicant was represented by the Vanderbilt Legal Clinic. For more on what a “Tater Dog” is, see Applicant’s website: http://www.thetaterdog.com/

91196105

 05/02/2012 SUSPENDED PENDING DISP OF OUTSTNDNG MOT

N

 Following Opposer motion for summary judgment, Applicant moved for additional discovery under FRCP 56(d). Applicant’ motion granted in part. “[B]ecause opposer relies on quite limited evidence in support of its motion, and applicant is by this order allowed only limited discovery under Fed. R. Civ. P. 56(d), the Board is extremely wary of allowing open-ended or wide-ranging discovery on these limited topics” and “applicant’s Rule 56(d) discovery is limited to no more than 10 interrogatories, 10 requests for production of documents and 10 requests for admission”

91201070

 05/04/2012 RESPONSE DUE 30 DAYS (DUE DATE)

N

 Following Applicant’s motion for summary judgment, Opposer filed a 56(d) motion for additional discovery. Specifically opposer sought to depose the applicants, one who had provided a declaration in support of the MSJ and one who had not. Finding that “this is a run-of-the-mill likelihood of confusion case made even more uncomplicated because the involved application is based on intent to use, rather than actual use,” the Board denied the motion.

91202150

 04/30/2012 TRIAL DATES RESET

N

 On 12/14/2011, Board issued a show cause order regarding Applicant’s lack of answer. On 01/17/2012, Applicant filed a response and moved to extend the time to answer. The notice of default was set aside by the Board as Applicant found to have shown good cause and “The record thus far does not evidence evasive conduct, bad faith or gamesmanship on applicant’s part, and does not suggest that the failure to timely answer was the result of willful behavior or inattentiveness to this proceeding.”

91203255

 05/01/2012 TRIAL DATES RESET

N

 Opposer moved for default judgment based on applicant’s failure to file an answer by the date set in parties’ earlier stipulation and an earlier Board order. Applicant stated it believe settlement negotiations were ongoing. Finding no prejudice to Opposer, the Board dismissed the motion.

91178996

 04/30/2012 BOARD`S DECISION: DISMISSED

N

 Applicant’s mark: BENCHMARK RELIANCE for “issuance and administration of annuities.” Opposer’s mark: RELIANCE STANDARD for insurance underwriting and issuance of annuities.Although it was unpleaded, Opposer also claimed use of “Reliance” by itself as a mark; Applicant found to have tried the issue by consent. Applicant introduced third party evidence showing use of “Reliance” during testimony. Opposer objected that the materials were within the scope of a request for production and that no such documents were produced during discovery. While Applicant did not timely supplement, Opposer was not prejudiced, and the documents were permitted by the Board. Applicant’s counterclaim for fraud failed due to lack of “clear and convincing” evidence regarding Opposer’s intent.Opposer’s claims regarding the term “Reliance” alone failed because it failed to prove priority of use as a trade name or service mark prior Applicant’s priority date.

Finding: Opposition dismissed based on “the lack of any reported instances of actual confusion is relevant because there has been a reasonable opportunity for confusion to have occurred;” a high degree of care exercised by consumers; and differences between the marks.

91178953

 05/02/2012 BD`S DECISION: DISMISSED W/ PREJUDICE

N

 In a consolidated Opposition regarding numerous ____ ZERO marks including COKE ZERO, the issue was whether the marks, which were published with a claim of acquired distinctiveness of “ZERO” under Section 2(f), had indeed acquired distinctiveness. The descriptiveness of the mark was conceded by Coca-Cola when it selected 2(f). Board found that while “zero” is common in the beverage industry, Coca-Cola’s use of ZERO is so huge and extensive that it qualifies as “substantially exclusive” even though others have used it.  As to the timing of relevant evidence, “The filing date or even the publication date is not a cutoff for any evidence developing after that time.  Evidence of sales and advertising after the filing date of the application will be considered.”

91179951

 04/30/2012 BD`S DECISION: DISMISSED W/ PREJUDICE

?

 Decision not available on TTABvue: http://ttabvue.uspto.gov/ttabvue/v?pno=91179951

91189499

 05/04/2012 BOARD`S DECISION: SUSTAINED

N

 Applicant’s mark: FANTRIP for travel agency services. Opposer’s mark: common law use of ‘Fan Trips’ for travel agency services. Opposer claim grounds under 2(d) and 2(e)(1).Evidentiary issues:— Opposer’s motion to strike applicant’s testimony exhibits consisting of applicant’s discovery responses was granted: “Trademark Rule 2.120(j)(5) provides that an answer to an interrogatory or a response to a request for admission may be submitted and made part of the record by only the inquiring party, except in limited circumstances.”

— Opposer’s interrogatory response have no probative value since they were unverified by Opposer.

— Declarations submitted by Opposer in rebuttal testimony were deemed not admissible.

Substantive Issues: Board found Applicant’s FANTRIP mark descriptive. As a result, the board did not reach the issue of likelihood of confusion and sustained the opposition.

91179108

 04/30/2012 BOARD`S COMMUNICATION

N

 Opposer moved to compel discovery. Board already issued judgment last year on issue of priority and likelihood of confusion. Motion granted as to interrogatories related to dilution; Motion denied as to document requests at issue since Oppose did not identify which of the requests pertained to the remaining ground of dilution.

91202567

 05/02/2012 BOARD`S ORDER MOTION DEFERRED TRIAL DATES REMAIN AS RESET

N

 Applicant moved, without opposer’s consent, to restrict its identification. Board deferred decision on the proposed amendment until final decision or motion for summary judgment.

91192645

 05/01/2012 BOARD`S ORDER OPPOSER`S MOTION TO COMPEL IS DENIED TRIAL DATES ARE RESET

N

 Cross-motions to compel depositions denied by the Board: neither party has demonstrated the requisite good faith effort to support their respective motions to compel.” But Board also ordered both parties to make their witnesses available within 30 days or face sanction (essentially granting the motions).

91153147

 04/30/2012 ORDER ON REBUTTAL TESTIMONIAL DEPOSITIONS

N

 Opposer’s motion to reschedule noticed rebuttal witness testimony depositions from applicant granted in part.

91201263

 05/01/2012 P`S MOT. TO EXTEND GRANTED; TRIAL DATES RESET

N

 Opposer’s motion to extend discovery granted as it was uncontested by Applicant.

92051849

 05/04/2012 PROCEEDINGS RESUMED

N

 Respondent moved to quash deposition of respondent. Petitioner cross-moved to take foreign deposition orally. Petitioner’s motion to take foreign deposition orally granted as Board was not pleased with behavior of respondent or its former counsel: “especially since respondent formally admitted shortly after the email exchange ended that Mr. Rosen is a managing partner of respondent, that Mr. Rosen resides in the United States, and that Mr. Rosen has a place of business in the United States.” Respondent’s behavior was also deemed to be sanctionable, ordering respondent “to (1) serve, within thirty days of the mailing date of this order, complete responses to discovery, without objection, as compelled by the Board’s August 31, 2011 order; (2) serve, within thirty days of the mailing date of this order, its initial disclosures upon petitioner; (3) make available, within sixty days of the mailing date of this order, its managing partner James Rosen for a discovery deposition under Fed. R. Civ. P. 30(b)(1) within the Federal judicial district where he resides or is regularly employed, or at some other location to which the parties agree; and (4) make available, within sixty days of the mailing date of this order, its Fed. R. Civ. P. 30(b)(6) witness for an oral deposition either in the Cayman Islands or at some other location to which the parties agree.  As further sanctions, respondent (5) may not suspend or extend its time for complying with its written discovery, disclosure, or deposition obligations under this order, except with the consent of petitioner; (6) may not file any paper in this proceeding without first telephoning the Board, at 571-272 9467, to obtain permission for making the filing; (7) must provide, within thirty days of the mailing date of this order, the Board and petitioner with Mr. Rosen’s current telephone number; and (8) must be prepared to participate in a telephone conference with petitioner and the Board to resolve any future issues that may arise in this case and that are determined by the Board to be appropriate for resolution by telephone.”
Tagged
May 14 2012
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Weekly Filings

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 May 5 – May 11, 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(s)

Opposer
TTABVue 91205027 BRYAN, RYAN 85398814 FORE! SKINS SKINS INTERNATIONAL TRADING AG
TTABVue 91205092 DATA RESEARCH NETWORK, INC. 85367017 HIRETRAK APPLICANT TRACKING SYSTEM TeleTracking Technologies, Inc.
TTABVue 91205091 DIRT DIVAS APPAREL INC. 85295645 MOTO X DIVA Papillon International, Inc.
TTABVue 91205067 HAESUNG ENTERPRISE CO., LTD. 85414704 MARIN MAX MarineMax, Inc.
TTABVue 91205028 HIP INNOVATIONS, LLC 85443245

85444524

 INSTAHANG

INSTAHANG

 1033511 Ontario Inc. d/b/a Arrow Hanger
TTABVue 91205045 JERMOND EVANS 85297315 BIG CIPHER Adrian Trejo
TTABVue 91205095 JULIE ANN ASSOCIATES LLC 85272723 PLAYBUD Playboy Enterprises International, Inc.
TTABVue 91205043 KELLY M. RICHARDSON 85151133 CHRISTIANS HUDDLE THE FELLOWSHIP NETWORK Ninian Solutions Ltd.
TTABVue 91205072 MIRJAMALI, SEYED T 85326281 MYDRAMALIST ElavGury
TTABVue 91205077 NILES & ASSOCIATES, INC. 85365501 EGGHEADDEALS.COM The Big Green Egg, Inc.
TTABVue 91205097 PREGNANCY SUPPORT CENTER 85169239 RE:L8 Mosaic Pregnancy & Health Centers
TTABVue 91205076 RAFAEL ROBERT VARGAS 85480930 FULANITO Winston A Rosa
TTABVue 91205064 ROBINSON, MARK A. 85461935 ILLUMINATING THE VALUE OF BRIGHT IDEAS John A. Galbreath
TTABVue 91205060 STOLLER WHOLESALE WINES & SPIRITS, INC. 85461450 CRAZY HOUSEWIFE Rainier Wine, LLC
TTABVue 91205089 TOTAL IMPORT SOLUTIONS, INC. 85310158 EAGLE SHINE Ashland Licensing and Intellectual Property LLC
TTABVue 91205079 TRULLI CAPITAL PARTNERS, LLC 85433601 DUNK DD IP Holder LLC
TTABVue 91205102 YENI ASYA RESEARCH & PUBLICATION CENTER OF AMERICA INC OF AMERICA INC 85438275 NÚR THE LIGHT osmanbirgeoglu
TTABVue 91205082 ALFA WASSERMANN, INC. 85505415 AXCEL Beckman Coulter, Inc.
TTABVue 91205039 APEX UNDERWRITERS, LLC 85350245 FASTCOMP.COM Markel Aspen, Inc.
TTABVue 91205046 ATE MY HEART INC. 85215017 HAUS OF GAGA Christina Sukljian
TTABVue 91205057 COLE & ASHCROFT, L.P. 85380252 SHUTTERPLUS Shutterfly, Inc.
TTABVue 91205052 DANA-CO LLC 85226331 SMOOTHWEAR HBI Branded Apparel Enterprises, LLC
TTABVue 91205090 DANISHA ROLLE 85484245 OFF THE FIELD Off the Field Players’ Wives Association
TTABVue 91205048 DANNY K. CHOI 85451415 SWIPEFORHUMANITY Habitat for Humanity International, Inc.
TTABVue 91205069 DIGITAL HIGHWAY, INC. 85375273 DH WIRELESS SOLUTIONS TESSCO COMMUNICATIONS INCORPORATED
TTABVue 91205051 DNA 85320064 BIG-E-JEANS UNION MADE Levi Strauss & Co.
TTABVue 91205081 DYNAMIC SPORTS NUTRITION, LLC 85340058 DECA-DURABOLIN MSD Oss B.V.
TTABVue 91205056 ECOVINO LLC 85173795 ECOVINO E. & J. Gallo Winery
TTABVue 91205071 EDGE SYSTEMS CORPORATION 85370625 SKIN HEALTH FOR LIFE Kate Somerville Skincare, LLC
TTABVue 91205074 ELMASHNI, GHASSAN, ELMASHNI, HATIM, GIOKARIS, JIMMY 85362602 EDUCATIONAL TREE Learning Tree International, Inc.
TTABVue 91205075 ELMASHNI, GHASSAN, ELMASHNI, HATIM, GIOKARIS, JIMMY 85363770 EDTREE Learning Tree International, Inc.
TTABVue 91205042 FUTURE PUBLISHING LIMITED 85130964 CVG Kenton County Airport Board d/b/a Cincinnati Northern Kentucky International Airport
TTABVue 91205036 GAYA MINERALS LIMITED 85456190 GAYA Goya Foods, Inc.
TTABVue 91205098 H/2 CREDIT MANAGER LP 85292544 STRATEGIC ASSET SERVICES LLC AN H/2 CAPITAL PARTNE Strategic Asset Services LLC
TTABVue 91205047 HANSON, CARLYLE 85326861 CONDOM ON BOARD! Dorel Juvenile Group, Inc., Cosco Management, Inc.
TTABVue 91205101 HILL, JOHN W., III 85352473 MATTRESS SOURCE Jamat LLC d/b/a Mattress Source
TTABVue 91205054 HOWIE’S HOT SHOT BEVERAGE, LLC 85348682 HOWIE’S SKINNY SEÑORITA Jim Beam Brands Co.
TTABVue 91205055 HOWIE’S HOT SHOT BEVERAGE, LLC 85351803 MY SKINNY SEÑORITA Jim Beam Brands Co.
TTABVue 91205032 ICONACY ORTHOPEDIC IMPLANTS, LLC 85411895 I-BOND Heraeus Kulzer GmbH
TTABVue 91205035 JAGUAR TECHNOLOGIES, INC. 85012005 JAGUAR TECHNOLOGIES INC. Jaguar Cars Limited
TTABVue 91205070 KRS UPROAR, INC. 85483299 HAIRBANGERS BALL London Calling Ltd.
TTABVue 91205099 LIQUID LIGHTNING CORPORATION 77613878 LIQUID LIGHTNING ENERGY DRINK Stokely-Van Camp, Inc.
TTABVue 91205038 LUPIN LTD. 85352341 SETCYLA GENENTECH, INC.
TTABVue 91205073 MONTEREY CHEMICAL COMPANY 85443717 MONTEREY MONTEREY MUSHROOMS, INC.
TTABVue 91205058 MUSCULOSKELETAL TRANSPLANT FOUNDATION 85402158 VANGUARD METHOD Vanguard Health Systems, Inc.
TTABVue 91205059 NATIONAL FOOD GROUP, INC. 85188547 NATIONAL FOOD GROUP National Beef Packing Company, LLC
TTABVue 91205088 NAVITASGRASS, LLC 85463028 NAVITAS Navitas LLC
TTABVue 91205049 PALETERIA LA MICHOACANA, LLC 85393112 LA INDITA MICHOACANA Productos Lacteos Tocumbo , S.A. DE C.V.
TTABVue 91205093 PALETERIA LA MICHOACANA, LLC 85378387 LA INDITA Productos Lacteos Tocumbo, S.A. DE C.V.
TTABVue 91205053 PEACE LOVE WORLD, LLC 85339437 I AM BLESSED DawnStewart
TTABVue 91205086 PLANT BLISS, LLC 85393889 YOGABLISS It’s All Good, LLC
TTABVue 91205083 PRESERVATI, KATHLEEN 85359142 CHAMPAGNE AND SHOES Comite Interprofessionnel du Vin de Champagne, Institut National de l’Origine et de la Qualite
TTABVue 91205061 RAOUFI ARANI, PAYAM 85171860 BERRY BANG. SELF SERVE FROZEN YOGURT Orange Bang, Inc.
TTABVue 91205094 SHOPMUSIC 85237443 SNORECONE Pearl Enterprises LLC
TTABVue 91205026 SOCIETE DES PRODUITS NESTLE S.A. 85298030 TRICKS, TREATS AND EATS KELLOGG NORTH AMERICA COMPANY
TTABVue 91205085 SPIDER PRODUCTS, LLC 85458803 SPIDER WORKS SafeWorks, LLC
TTABVue 91205100 SPIDER PRODUCTS, LLC 85458788 SPIDER WORKS SafeWorks, LLC
TTABVue 91205063 ST LOGISTICS (USA) INC. 85345143 PLEXIS FREIGHT, INC. Plexus Corp.
TTABVue 91205068 ST LOGISTICS (USA) INC. 85345138 PLEXIS SERVICES, INC. Plexus Corp.
TTABVue 91205078 TAHOE MANAGEMENT 8, LLC 85374877 MOUNTAINEER 85375248Application File Appl
TTABVue 91205080 TEVA PHARMACEUTICAL INDUSTRIES LTD. 85421138 QINASENT Ferring B.V.
TTABVue 91205062 THE SAUL ZAENTZ COMPANY 85509588 SHIRE Middle-Earth Network, LLC
TTABVue 91205087 THYSSENKRUPP BILSTEIN OF AMERICA, INC. 85397214 BIG60

BIG60MM

 BIG O TIRES
TTABVue 91205096 TODD EASTHAM 85254290 ALOCANE EMERGENCY ROOM BURN CREAM Mr. Ron May
TTABVue 91205050 TOPCO HOLDINGS, INC. 85218426 NOSTIMO Nostimo Restaurant Group, LLC
TTABVue 91205084 TRITAPORN SIRISUP 85366487 PIMAI IT’S THAI IT’S THAI LLC
TTABVue 91205040 WORLD’S FINEST CHOCOLATE, INC. 85423288 TOFFEE DELUXE Hershey Chocolate & Confectionery Corporation
TTABVue 91205041 YOUNG MONEY ENTERTAINMENT, LLC AKA YOUNG MONEY ENTERTAINMENT 85280163 Y M Katrina Brown
TTABVue 91205037 ZETA HOLDING GMBH 79086570 ZETA Zeta-PDM Limited

Cancellation No.

Registrant

Serial No.

Trademark

Petitioner
TTABVue 92055574 BLACKEYE ATHLETICS 85285825 BLACKEYE ATHLETICS James Whitton
TTABVue 92055596 BRIAN ROBBINS 74416845 ADRENALINE Tyrolia Technology GmbH
TTABVue 92055585 DREW MASSEY DBA MYUNDIES INC. 77597995 MYUNDIES MeUndies, Inc.
TTABVue 92055592 ERUPTION, INC. 77836633 ERUPTION Can’t Stop It, LLC
TTABVue 92055583 KUO-CHUN FANG AKA ROY FANG 77055839 U-PAY MIH Allegro BV
TTABVue 92055587 LACIAK ACCOUNTANCY GROUP, P.C. 78968151 INFORMATION IS POWER HAVING THE RIGHT CPA IS WEALTH InfoSync Services, LLC
TTABVue 92055588 ORLANDO A. HERRERA, CONSTANCE GOLDMEER AND THE WORLD PEACE PROGRAM, LLC 85492312 THE WORLD PEACE CUP Federation Internationale de Football Association (FIFA)
TTABVue 92055578 PALCO MARKETING, INC. 78936957 FIREPOWER Crosman Corporation
TTABVue 92055581 RICHARD K. HUGHES DBA OCTOBER PRODUCTIONS 77878988 VIVO TORO Sazerac North America, Inc.
TTABVue 92055577 ROTH OPERATIONS, LLC 72345377 BLACKHAWK Hotel Blackhawk, LLC
TTABVue 92055571 THE THRIFT SHOP 73567003 WASHINGTON ANTIQUES SHOW Washington Winter Show, Inc.
TTABVue 92055575 VASSILI GOLOUBEV 77851209 CRUNCHR Meister Management, Inc.
TTABVue 92055580 AMERICAN EAGLE FURNITURE INC. 78808842 AMERICAN EAGLE FURNITURE YOUR HOME’S BEST FRIEND Retail Royalty Company
TTABVue 92055569 BALORU S.A. 85336274 TROPICAL Ecuabeverage Corporation
TTABVue 92055590 BENDER CONSULTING, INC. DBA ASIAN PACIFIC BEVERAGE 74595776 ROCKET Rocket Fizz Soda Pop Shop, LLC
TTABVue 92055568 BLINKMIND, INC. 77869950 BLINKMIND Directv, LLC
TTABVue 92055582 CHICA, INC. 77020644 CHICA Madison Brands, Inc.
TTABVue 92055579 D & Y LLC 75553688 FOLLIES PARIS Columbia Insurance Company
TTABVue 92055591 DESIGNER SKIN, L.L.C. 76382495 GLAM Tish & Snooky’s N.Y.C. Inc.
TTABVue 92055567 GOYA FOODS, INC. 73174652 GOLLA Golla Oy
TTABVue 92055572 JD MEDIA GROUP, LLC 85195934 GLOWFEST Antonis Karagounis and Panagiotis Kalamoutsos
TTABVue 92055589 KISS IT FASHIONS INC. 76660414 METRO CITY MT Collection Co., Ltd.
TTABVue 92055576 LINDA S PARRY 77808693 MATCHSTICK MARKETING Matchstic, LLC
TTABVue 92055594 OLE IMPORTS, LLC 77611971 M 5 Margerum Wine Company, Inc.
TTABVue 92055593 PHARMADEL, LLC 77593085 CURA HONGOS Menper Distributors, Inc.
TTABVue 92055584 READING FOR EDUCATION, LLC 77613105 ASO AMERICAN SCHOOL OUTFITTERS Retail Royalty Company
TTABVue 92055566 SAGA LEISURE LIMITED 75481668 SAGA Heilsujurtir EHF.
TTABVue 92055586 SEVEN MANAGEMENT SERVICES, INC. 85034819 WAISMANN METHOD Dr. Andre Waismann
TTABVue 92055573 SPEEDY CASH INTERMEDIATE HOLDINGS CORP. 77788511 RAPID CASH

RC RAPID CA$H

 Rapid Cash Advances, Inc.
TTABVue 92055595 SWISS LUXURY BRANDS LLC 85144288 VIVA Viva Time Corp.
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May 13 2012
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Uncategorized

Recent TTAB Decisions and Activity of Note (4/23 – 4/29/2012)

During the week of April 23 – April29, 2012, the TTAB issued no precedential decisions. But it did issue several important findings on procedure and discovery. Note that motions may be granted as conceded if a response is not filed or is untimely. And repeated extensions may not be granted without a detailed showing of the progress made.

Several important and interesting decisions or interesting procedural and discovery issues are highlighted in bold.

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

Proceeding No.

Date

Doc Text

Precedent?

Notes

91198943

 04/25/2012 DEF`S MOTION FOR SUMMARY JUDGMENT DENIED

N

 Opposer moved to amend its pleading to add claim of equitable estoppel and Trademark Rule 2.135. The Board denied the Rule 2.135 claim as legally insufficient because the prior action did not result in a board entry of judgment. Board also denied the equitable estoppels claim as futile as pleaded.

Applicant’s motion for summary judgment of priority and likelihood of confusion denied due to a host of dispute material facts.

91186206

 04/25/2012 PL`S MOT. FOR SUMM. JUDGMENT DENIED

N

 Opposer’s motion for partial summary judgment on grounds of priority and likelihood of confusion denied due to issues of material fact. The Board sua sponte noted that Opposer’s dilution claim was not well-pled and allowed it time to amend the claim of dilution.

77917959

 04/23/2012 BOARD`S DECISION: AFFIRMED

N

 Application for POLY-SIL for “elastomeric silicone roof coating” refused under Section 2(d) as likely to be confused with registration for POLY-SIL for “solid surface polymer suspended in silicone caulking for use as sealant/adhesive.” Refusal affirmed: “even weak marks are entitled to protection against registration of a confusingly similar mark”

77946290

 04/27/2012 BOARD`S DECISION: AFFIRMED

N

 KUTT CALHOUN (stage name of recording artist) refused registration for clothing under Section 2(d) as likely to be confused with CALHOUN registered for “sports shirts” on the supplemental register. Board affirmed refusal.

92054976

 04/26/2012 SUSPENDED PENDING DISP OF CIVIL ACTION

N

 Motion to suspending pending disposition of civil action granted.

91196808

 04/24/2012 SUSPENDED PENDING DISP OF CIVIL ACTION

N

 Proceeding re-suspended pending civil proceeding.

91202162

 04/25/2012 SUSPENDED PENDING DISP OF CIVIL ACTION

N

 Applicant’s motion to suspending pending outcome of civil action granted.

91188800

 04/23/2012 RESPONSE DUE 30 DAYS (DUE DATE)

N

 Parties stipulated to amend applicant’s mark from WILD HARE ON ST. ANDREWS to WILD HARE. The Board denied the amendment as a material alteration.

91199170

 04/25/2012 RESPONSE DUE 30 DAYS (DUE DATE)

N

 Proposed consented amendment to applicant’s goods denied; “The proposed amendment of the identification of goods is unacceptable because it seeks to amend “chocolate pudding” to “pudding,” and as such seeks to expand the identification of goods.”

91194658

 04/27/2012 TRIAL DATES RESET

N

 Opposer moved for leave to extend time to designate a rebuttal expert witness and to reopen expert discovery. Motion granted: “On balance, the Board finds that opposer has established excusable neglect to reopen its time to serve expert rebuttal disclosures and to reopen expert discovery.”

91194870

 04/27/2012 TRIAL DATES RESET

N

 Applicant filed motion to compel. Neither party had served initial disclosures but both parties had served and responded to discover. Applicant moved to compel supplemental responses.  Due to the failure to serve disclosures before discovery, the motion was denied.

In discussing general discovery obligations, the Board noted “it is unhelpful to state in response to a document request that “[t]o the extent that such documents are in Applicant’s possession, Applicant will produce whatever documents he has within his control.”  This type of written response calls into question whether a party actually searched for documents and whether he has any responsive documents to produce.  For the sake of clarity,  increasing the usefulness of discovery and avoiding the necessity of contested discovery motions, the parties should simply indicate whether or not responsive documents exist and if they exist, the documents should be identified by Bates number or produced as kept in the ordinary course of business. Amazon Technologies Inc. v. Wax, 95 USPQ2d 1865, 1868 (TTAB 2010).”

91166331

 04/27/2012 BD`S DECISION: DISMISSED W/ PREJUDICE

N

 Applicant (Discovery Channel) moved for summary judgment. Opposer’s response was untimely and without any demonstration of excusable neglect, therefore it was ignored. As a result, the motion for summary judgment was granted as conceded. [Note that Opposition had been ongoing for more than 6 years including suspension during a civil action.]

92054994

 04/24/2012 BOARD`S DECISION: DISMISSED W/ PREJUDICE

N

 Respondent Omaha Steak filed a motion to dismiss under FRCP 12(b)(6). Petitioner’s request for a 90 day extension of time to file a response was denied as “unreasonable and unnecessarily excessive.” As a result, the motion to dismiss was granted as conceded.

92049781

 04/25/2012 BOARD`S DECISION: GRANTED

N

 Petitioner alleged use and priority in SENSATIONAL SKIN standard character and design marks for use with skin cosmetic and laser medical services, against respondent’s SENSATIONAL SKIN BY JATA mark for “skin case salons.”

Board noted that section 2(d) only requires prior use; it does not require use in commerce. Opposition sustained: “Because the marks are similar, the services are legally identical and the channels of trade and classes of consumers are similar, we find that applicant’s mark SENSATIONAL SKIN BY JATA for “skin care salons” so resembles petitioner’s SENSATIONAL SKIN marks for medical aesthetics and cosmetic dermatology services as to be likely to cause confusion”

91203998

 04/26/2012 BOARD DISCOVERY CONFERENCE ORDER

N

 In discovery conference with Board interlocutory attorney,  Board sua sponte noted that fraud claim was inadequately pleaded “inasmuch as the claims of fraud are based solely on information and belief” and gave Opposer time to amend.

91194225

 04/24/2012 BOARD`S COMMUNICATION

N

 Applicant moved to reopen discovery. Opposer moved for leave to amend its pleading to add claim of lack of bona fide intent to use mark in commerce. Applicant did not obtain timely discovery responses because it failed to serve initial disclosures first. Board denied motion as the reason for delay was within applicant’s control. Opposer’s motion to amend pleading filed one day before trial period was to open; board found Opposer had unduly delayed in filing its motion and denied the motion.

92054391

 04/27/2012 BOARD`S ORDER

N

 Board had entered default against respondent after service by publication. Respondent filed a motion for relief from final judgment and motion to re-open the proceedings, and then several days later filed an appeal to the Federal Circuit seeking to stay the appeal pending the motion for relief from final judgment. Board order notes that it “would be inclined to grant respondent’s Motion for Relief from Final Judgment, and will provide a fuller analysis of our decision, should the case be remanded by an order of the appellate court.”

91187541

 04/27/2012 BOARD`S ORDER TRIAL DATES REMAIN AS LAST RESET

N

 Motion to suspend for settlement discussions rejected. Parties repeatedly filed extension suspension requests without an updated progress report as required by an earlier board order. Parties also required to refrain from filing motions to extend via ESSTA and, in any extension request must provide a progress report identifying all contacts made by the parties during the previous period to establish the parties are actively working towards settlement.

92053007

 04/25/2012 P`S MTN TO AMEND PLEADING DENIED; TRIAL DATES RESET

N

 Petitioner’s motion to amend petition to cancel to add claim that respondent’s mark is geographically descriptive or misdescriptive denied as untimely; Petitioner learned where respondent’s goods were produced more than 1 yr prior to the motion.

92052260

 04/24/2012 PROCEEDINGS RESUMED

N

 Respondent moved for fourth a fifth extensions of time to hire new counsel after prior counsel’s request to withdraw was granted; the motions were denied for lack of good cause: “The Board finds that respondent’s actions of placing phone calls, leaving messages, speaking with receptionists, and interviewing a few counsel to find that they do not practice trademark law is simply insufficient to establish diligent efforts to hire counsel”.

Note that the parties “surreplies” are not proper and were ignored by the Board.

92053046

 04/26/2012 PROCEEDINGS RESUMED

N

 A variety of discovery and timing issues addressed.

91193054

 04/27/2012 PROCEEDINGS RESUMED

N

 Applicant filed motion to compel responses to document requests and interrogatories. Applicant’s motion granted (and opposers objections’ overruled) as to opposer’s sales figures advertising figures, and price lists, and as to transaction information absent customer names. To the extent opposer relied on its documents, it produced more than 38,000 documents and must serve a supplemental response which “must include, at a minimum, identifying by Bates Number or other identifying notation, documents either from its document production already served or located since said service, that opposer considers to be responsive to this interrogatory.”

91194579

 04/26/2012 PROCEEDINGS RESUMED

N

 Motion by opposer (Polo Ralph Lauren) for sanctions or to compel discovery depositions and responses and to reopen discovery solely for opposer’s benefit. Board fond the actions complained up did not warrant sanctions and that motion to compel too late since testimony period already opened. However, board found that applicant had been uncooperative and granted motion to reopen discovery for opposer.

91195730

 04/26/2012 PROCEEDINGS RESUMED

N

 Applicant’s motions to strike exhibits from Opposer’s notices of reliance. While deferring of substantive issues, board found regarding procedural issues: “Opposer’s notice of reliance is deficient as it does  not identify the printed publications scattered in various locations in exhibit 30, the pages to be read, or the  relevance of the material offered” “With regard to the Internet documents, the notice of reliance is deficient as it does not indicate the relevance of the Internet documents which are scattered throughout the exhibit.”

Regarding documents introduced because they were produced in response to an interrogatory, “party seeking to take advantage of this practice [of Trademark Rule 2.120(j)(3)(i)] must specify in the notice of reliance that the documents are being introduced pursuant to Trademark Rule 2.120(j)(3)(i), must specify and make of record a copyof the particular interrogatory or interrogatories to which each document was provided in lieu of an interrogatory answer, indicate generally the relevance of the material being offered, and must identify, with some degree of specificity, the nature of each of these documents.”  M-Tek Inc. v. CVP Systems Inc., 17 USPQ2d 1070, 1073 (TTAB 1990).  Other documents stricken because they were produced by Applicant and are not official records, printed publications, or Internet materials. Other internet records from websites stricken as their relevance was not sufficiently provided. Applicant’s motion thus granted in part, but Opposer given time to cure the problems.

91201937

 04/24/2012 PROCEEDINGS RESUMED

N

 Applicant filed motion to reconsider Board’s decision that Opposer’s 2nd extension of time to oppose was permissible. Applicant’s motion to reconsider denied.

91202005

 04/26/2012 PROCEEDINGS RESUMED

N

 Applicant – represented by the UNH IP clinic – moved to dismiss opposition for lack of subject matter jurisdiction under FRCP 12(b)(1) on the grounds that Opposer’s 2nd extension of time was untimely and its stated good cause was a misrepresentation. Board found no basis to conclude that Opposer did not have good cause for 2nd extension request and denied motion to dismiss.
May 06 2012
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TTAB Decisions

Recent TTAB Decisions and Activity of Note (4/09 – 4/15/2012)

During the week of April 9 – April15, 2012, the TTAB issued no precedential decisions. But it did issue several important findings regarding discovery, surnames, geographic descriptiveness, concurrent use, and more in cases that involved Michael Jackson’s estate and the band Creed.

Several important and interesting decisions or interesting procedural and discovery issues are highlighted in bold.

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

Proceeding No.

Date

Board Disposition

Precedent?

Notes

91191947

 04/12/2012 PL`S MOT. FOR SUMM. JUDGMENT DENIED N Opposition to WOOFDORF-ASTORIA DOG HOSTEL & DAY SPA for pet boarding services brought by the owner of the WALDORF-ASTORIA hotel based on likelihood of confusion and dilution. Applicant moved for summary judgment on 2(d); opposer moved for summary judgment on claim of dilution by blurring. Applicant’s 2(d) MSJ was based solely on an attempted “parody” defense. Since “parody” as a matter of law does not avoid a likelihood of confusion, applicant’s MSJ denied. As to Opposer’s MSJ, board found “that there is a genuine dispute as to whether applicant’s mark would be viewed by the consuming public as a parody, as applicant asserts, or as an attempt by applicant to achieve his own branding goals by conveying that his services provide a level of luxury” and thus denied the motion.

94002361

 04/12/2012 BD`S DECISION: FAVORABLE TO APPLICANT N Concurrent use proceeding regarding TIRE FACTORY marks. In May 2011 the Board issued an order in which it reviewed the parties 2005 agreement and found it unsatisfactory for a concurrent use registration, and allowed the parties time to prepare and file a concurrent use agreement. No such agreement having been filed, the Board resumed the proceedings. After the proceedings resumed, the Board now reconsidered and reverses its earlier decision, noting that in Holmes Oil Co. v. Myers Cruizers of Mena Inc., 101 USPQ2d 1148 (TTAB 2011), it permitted an agreement that was more of a consent agreement than a concurrent use. Thus the Board now finds the 2005 agreement acceptable for concurrent use: “Considering the parties’ consent agreement, taken together with the parties’ statements in the record, we find that this agreement between parties who are familiar with trade and market practices for their respective services is adequate evidence that confusion is unlikely, and supports TFI’s right to register the mark in question and the restriction of NWTF’s registration.”

76699882

 04/10/2012 BOARD`S DECISION: AFFIRMED N AIRIA for “night clubs” refused under Section 2(d) confusion with AREA registered for “night clubs.” Key finding: “While a mark has no correct pronunciation, especially a coined term, applicant’s mark AIRIA is likely to be pronounced as “area.””

77484850

 04/11/2012 BOARD`S DECISION: AFFIRMED N PITTSBURGH GLASS WORK for “glass and laminate windshield and windows for vehicles excluding aircraft” was refused as primarily geographically descriptive. Board affirmed the refusal: “the presence of the highly descriptive term GLASS WORKS in applicant’s mark does not detract from the primary geographical significance of the mark as a whole”  Furthermore, Applicant’s headquarters are located in Pittsburgh

77517867

 04/11/2012 BOARD`S DECISION: AFFIRMED N Application for BOND NO. 9’s DUBAI for perfumes, soaps and cosmetics refused for failure to disclaim DUBAI on grounds that it is geographically descriptive. The Board found DUBAI clearly geographically descriptive and did not find the mark unitary, and affirmed the refusal.

77697443

 04/10/2012 BOARD`S DECISION: AFFIRMED N Section 44(e) application for CROMWELL medical products in Class 9 refused as primarily merely a surname under SEection 2(e)(4). Applicant argued that “CROMWELL is not primarily merely a surname because its primary significance is Oliver Cromwell, a British general, Puritan statesman, and Lord Protector of England from 1653-1658.” Applicant relied in part on a survey of British citizens placing Oliver Cromwell in the ten greatest Britons, but evidence not relevant because it was not US citizens. Board affirmed refusal: “In view of the foregoing, we find that surname “Cromwell” is more akin to McKinley than Da Vinci” and “the evidence of “Cromwell” as a surname is greater than the evidence that “Cromwell” has any other significance.”

79080056

 04/10/2012 BOARD`S DECISION: AFFIRMED N BELUGA & Design for ‘fishing tackle’ refused as merely descriptive. Refusal affirmed: “we find that BELUGA will be understood as immediately and directly describing a purpose of the identified “fishing tackle,” and that the mark is merely descriptive of the goods.”

77571488

 04/12/2012 BOARD`S DECISION: REVERSED N Application for DOG GAMES (for “pet toys”) was refused  as generic and, alternatively, as highly descriptive and not having acquired distinctiveness under Section 2(f). Board found the mark not generic; “Doubt on the issue of genericness is resolved in favor of the applicant.” Board further found the mark descriptive, not “highly descriptive” as asserted by Examiner. “Given that DOG GAMES is not highly descriptive of pet toys, we are persuaded by the evidence of record that the term DOG GAMES has acquired distinctiveness for “pet toys.””

91199530

 04/10/2012 RECONSIDERATION DENIED N Opposer moved for reconsideration of Board’s order denying summary judgment. Board found no error it its decision and denied the motion.

92053554

 04/12/2012 RESPONSE DUE 30 DAYS (DUE DATE) N More than a year after proceeding commenced, Petitioner filed a motion for leave to file an amended petition to cancel, after it inadvertently filed the petition to cancel in the name under which it does business rather than its proper name (from Cabot Watch Company to Cabot Company Limited). The Board was not clear whether or not the change was to a different legal entity, and thus denied the motion without prejudice so Petitioner could re-move to amend and provide more details.

91199519

 04/10/2012 TRIAL DATES SET N In regard to a motion to compel, the Board noted that “a party responding to document requests is not required to produce its discovery documents when it responds to those requests.  Document requests initially require only timely written responses.” “Although parties often extend each other the courtesy of copying documents and materials responsive to their respective document requests and forwarding the copies at the propounding party’s expense, a responding party may comply with Federal Rule of Civil Procedure 34 by making documents available for the propounding party’s copying and inspection.  See No Fear v. Rule, supra.  Neither Federal Rule of Civil Procedure 34 nor Trademark Rule 2.120 set forth a specific deadline by which document production must be completed.  However, such production should be completed so as to allow sufficient time for trial preparation. “

92055156

 04/09/2012 TRIAL DATES RESET N Plaintiff’s motion for default judgment denied where defendant filed an Answer after the motion was filed, even though it did not file a response to the motion for default.

91198801

 04/11/2012 TRIAL DATES RESET N Opposer’s [Record label for the band CREED] motion to compel was filed thirty days after the commencement of its testimony period, and denied as untimely. Opposer’s motion to extend testimony made without any explanation as to the good cause for needing it; as a result, the motion was denied.

91191929

 04/11/2012 BOARD`S DECISION: DISMISSED N Opposition to NETGARD by owner of NETGATE, both for computer hardware and software related to network security. Board dismissed the opposition despite similarity of goods and channels of trade: “The marks share similar, but distinguishable, meanings and commercial impressions because they are suggestive of  network security hardware and software.  Under such circumstances, the prior use and registration of a suggestive term should not preclude the subsequent registration of a similarly suggestive, but otherwise distinguishable mark, for related goods.”

91203354

 04/12/2012 BOARD`S DECISION: DISMISSED n Opposition dismissed because Opposer sent notice, but not to address of record at USPTO: “Because proof of service presumes actual service on applicant and opposer failed to effect actual service by failing to serve applicant at the correspondence address of record in the Office, opposer did not comply with the service requirement of the Trademark Rule.

91194027

 04/13/2012 BD`S DECISION: DISMISSED W/ PREJUDICE N Opposer’s testimony period ended without opposer having filed any evidence or taken any testimony. Opposer did not file brief, but did response to order to show cause why judgment should not be entered against it. Opposer noted the parties were discussing settlement, but Board found: “After careful consideration of the Pioneer factors and the relevant circumstances in this case, the Board finds that opposer’s reasons for not actively participating in this case fail to establish excusable neglect, and do not warrant a reopening of this case for the presentation of evidence or a reopening of opposer’s time to file its main brief.”  Opposition dismissed with prejudice.

91196472

 04/11/2012 BD`S DECISION: DISMISSED W/ PREJUDICE N Applicant’s motion to dismiss for failure to prosecute; Opposer’s motion to reopen testimony period. “Applicant argues that opposer’s service of pretrial disclosures belies his claim that he believed that the Board would consider materials from and the final decision in the Prior Oppositions even if opposer introduced no evidence in this case.” Applicant’s motion granted and proceeding dismissed with prejudice.

91187537

 04/12/2012 BOARD`S DECISION: SUSTAINED N Applicant’s mark: AmeriCare & Design for “ambulance transport services” Opposer’s mark: AMERICARES and AmeriCares & Design for “charitable fund raising services to support the distribution of food, clothing, medicine and medical services,” and AmeriCares Free Clinic & Design (“Free Clinic” disclaimed). Findings of 2003 WIPO domain dispute between the parties noted as irrelevant. Applicant’s laches/acquiescence claim dismissed as they are generally not available in an opposition. Opposer’s mark found strong, well-known and entitled to broad scope of protection. Some evidence of 3rd party use provided, but probative value limited. Decision: Opposition sustained.

91179013

 04/14/2012 DISMISSAL ORDER VACATED IN PART; TRIAL DATES RESET N Procedural ruling in complicated consolidated oppositions vacates part of prior dismissal order to permit counterclaims and some oppositions to proceed.

91201852

 04/09/2012 D`S MOT. TO DISMISS DENIED; TRIAL DATES RESET N Applicant filed a motion to dismiss the opposition on the grounds that opposer does not have standing to bring this case and for failure to state a claim upon which relief may be granted under Fed. R. Civ. P. 12(b)(6). Applicant’s motion denied – its allegations attacked the merits not the sufficiency of the pleading.

91200478

 04/12/2012 MOTION FOR RECONSIDERATION DENIED N –

91202418

 04/13/2012 MOTION TO STRIKE; DENIED; PROCEEDINGS RESUMED; TRIAL DATES RESET N Applicant and Opposer are both intellectual property law firms. Applicant moved to strike 2 paragraphs from Notice of Opposition which “bad faith” as irrelevant, potentially scandalous and insufficiently particular. Board denied the motion to strike, finding that the claims “are not irrelevant because opposer pleads likelihood of confusion, and applicant’s intent in adopting his mark may be relevant to that claim.”

92054159

 04/11/2012 PROCEEDINGS RESUMED N Petitioner filed to cancel FORTIFIED CUTICLES mark on the Supplemental Register, claiming descriptiveness under 2(e)(1). Defendant’s 1st motion to dismiss for failure to state a claim was granted previously; Defendant brought a 2nd motion to dismiss the amended petition to cancel. Motion denied as petitioner adaquetly set forth grounds of genericness claim.

91198612

 04/09/2012 PROCEEDINGS RESUMED N Opposer’s motion to compel granted “to the extent that applicant may answer the Interrogatories using a number range, and applicant may answer the Document Requests by producing an affidavit or declaration instead of business records or documents.”
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May 05 2012
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Weekly Filings

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 April 27 – April May 4, 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 91204923 ALLIANCE WHOLESALERS INC 85250946 PRODECO TECHNOLOGIES Pedego LLC
TTABVue 91204925 ANNA CAMARA 85335259 SAMMY AND THE CITY Home Box Office, Inc.
TTABVue 91205003 BAYSHORE PHARMACEUTICALS 85370634 BAYSHORE PHARMACEUTICALS Bayshore Pharmaceuticals, LLC
TTABVue 91204977 BECKER YOGURT, LLC 85389164 OLGASAUCE Olga’s Kitchen, Inc.
TTABVue 91204955 BENCHMARK SOLUTIONS HOLDINGS, INC. 85510332 INSIGHT Clarity Solutions Group LLC
TTABVue 91205008 BETHEA, LENWOOD 85384962 JOHNNY ROCKKET MUSIC GROUP Johnny Rockets Licensing, LLC
TTABVue 91204965 CANDICE IMWALLE 85435813 YUMMYCLEAN NUTRITION BARS Hero Nutritional Products, LLC
TTABVue 91204983 CHANG, WONWOO 85491927 AON PROVIDING BETTER LIFE Aon Corporation
TTABVue 91204919 CHEERS CLUB CORPORATION 85449943 CHEERS CLUB Fred Perry (Holdings) Ltd.
TTABVue 91204987 CHING FENG HOME FASHIONS CO., LTD. 77957146 SIMPLE GREEN Sunshine Makers, Inc.
TTABVue 91204928 CRYSTAL VISION LTD 85208774 SKINNY LIFE Societe des Produits Nestle S.A.
TTABVue 91204979 FOREVER FAITH LLC 85376150 FOREVER FAITH Forever 21, Inc.
TTABVue 91205015 FRANKFERD FARMS MILLING, INC. 85352606 BETTY’S BASIC General Mills, Inc.
TTABVue 91204934 HECKENBERG, JIMMY 85191238 BAMBI ON ICE Disney Enterprises, Inc.
TTABVue 91204982 JOHNSON, CHANDRA 85474646 WILLIE T. Shure Incorporated
TTABVue 91204914 JOSEPH, MARY. E 85464134 INDIFEM MERCK KGAA
TTABVue 91204945 KABERT, SAM 85478365 CHICO FEET Chico’s Brands Investments, Inc.
TTABVue 91204915 LOOK4 PTY LTD 79099055 SHOOZAM Shazam Entertainment Limited
TTABVue 91204998 LYDA, BRETT 85368973 ELVIS ORBISON Elvis Presley Enterprises, Inc.
TTABVue 91204940 MEDRAD, INC. 85305852 PERIO Acandis GmbH & Co. KG
TTABVue 91205022 MERCER (US) INC. 85331718 MERCER IKNOW Iknow LLC
TTABVue 91204958 MIRAGE FASHION USA, INC. 85380761 MIRAGE DESIGNERWEAR FINE JEWELRY Mirage Resorts, Incorporated
TTABVue 91204907 MITEE GAMES 85468849 WHOT! 9JA, Inc.
TTABVue 91204904 MYFACEMEETING 85385769 MYFACEMEETING MFM WE’RE HERE FOR YOU Jason Fedore
TTABVue 91204908 PROTICA INC. 85471183 MIGHTY MOO CytoSport, Inc.
TTABVue 91204974 RAGBOY CHICAGO LLC 85391573 KIOKI Kiko S.r.L.
TTABVue 91204991 SECRET SPOT 85473830 SECRET SPOT O.C. Seacrets, Inc.
TTABVue 91205006 SUN CITY INSURANCE GROUP LLC 85365275 SUNCITY INSURANCE GROUP Sun Life Assurance Company of Canada
TTABVue 91205017 THE PROMOTION MAN 85357948 ZERO Mobile Network Marketing Corporation PTY. LTD.
TTABVue 91205012 TORABI, RAY G. 85451126 PROJECT YUMMY Red Robin International, Inc.
TTABVue 91204927 TREEMO, INC. 85437309 APPAFOLIO APPFOLIO, INC.
TTABVue 91204960 WARD, JAYMES 85370688 PRICELESS MasterCard International Incorporated
TTABVue 91204981 WESPROUT INC. 85460237 WESPROUT HarleyLever
TTABVue 91204938 ZIPTIP, INC. 85346350 ZIPTIP DISCOVER FINANCIAL SERVICES
TTABVue 91204910 AIR TERMINAL GIFTS INC. 85389911 ENJOY MOXIE The Moxie Beverage Company, Inc.
TTABVue 91204975 ALTAAF HOLDINGS LIMITED 85053710 FIJI XTC Paramount International Export, Ltd.
TTABVue 91205025 APPLE INC. 85335765 ICLOUD iCloud Inc.
TTABVue 91205011 BAIAWINES, S.A. DE C.V. 85150066 BW BAIAWINES E. & J. Gallo Winery
TTABVue 91204939 BEELINE INTERACTIVE, INC. 85081808 LIL’ PIRATES Pittsburgh Associates
TTABVue 91204997 BLACKBIRD TRADING COMPANY, LLC 85380915 [Design Mark] Retail Royalty Company
TTABVue 91204990 BLIP, LLC 85396818 ZINKIES Hostess Brands, Inc.
TTABVue 91204978 BLUE NILE, INC. 8543591685435917 FOREVER. ON YOUR TERMSFOREVER. ON YOUR TERMS. Forever 21, Inc.
TTABVue 91204962 BOB’S SPACE RACERS, INC. 85347560 MASTER OF THE MIDWAY Warner Bros. Entertainment Inc.
TTABVue 91204973 CELLCO PARTNERSHIP 85358511 FIREWORX Amazon Technologies, Inc.
TTABVue 91204952 CHEVRON FEDERAL CREDIT UNION 85342565 SMARTCHOICE CREDIT UNION Citigroup Inc.
TTABVue 91204972 COMMSCOPE, INC. OF NORTH CAROLINA 85226746 COMMSCOPE Sony Mobile Communications AB by change of name from Sony Ericsson Mobile Communications AB
TTABVue 91204993 COMMSCOPE, INC. OF NORTH CAROLINA 85222869 [Design mark] Sony Mobile Communications AB
TTABVue 91204953 COPPENRATH VERLAG GMBH & CO. KG 85095807 CAPT’N SHARKY Diageo North America, Inc.
TTABVue 91204951 CPP, INC. 85345028 ISTARTSTRONG Lance Armstrong Foundation
TTABVue 91204921 D’ARTAGNAN TRADEMARKS, LLC 85503315 ROHAN The Saul Zaentz Company
TTABVue 91205000 D’ARTAGNAN TRADEMARKS, LLC 85446712 D’ARTAGNAN D’Artagnan Vineyards and Winery LLC
TTABVue 91204996 DANIEL-BEY, AMARI 85287335 URBAN HUSTLAZ LFP IP, LLC
TTABVue 91204947 DELTA BRABDS INC. 77928329 CLARISSE Clarins Group S.A.R.L.
TTABVue 91204949 DPG IP HOLDER LLC 85387821 DUBH LINN SQUARE Diageo Ireland
TTABVue 91205010 E-INSURE SERVICES, INC. 77982409 EINSURANCE.COM Esurance Insurance Services, Inc.
TTABVue 91204966 EDWARD A JOHNSON AND BRIAN C. SMITH 85089471 GREEN TEAM ATHLETICS PLAY FOR THE PLANET GT Major League Baseball Properties, Inc., Athletics Investment Group LLC d/b/a The Oakland Athletics Baseball Company and Office of the Commissioner of Baseball
TTABVue 91204905 EMERGING PAYMENTS TECHNOLOGIES, INC. 77640695 CRED-EX Creditex Group, Inc.
TTABVue 91204959 FRITO-LAY NORTH AMERICA, INC. 85355812 ALWAYS A PART OF GAME DAY Robert Rothschild Farm, LLC
TTABVue 91204906 GG GATSBY LLC 85424905 GATSBY Green Carat LC
TTABVue 91204954 GLAM MEDIA, INC. 77730765 BRASH Payless ShoeSource Worldwide, Inc.
TTABVue 91204967 GO FIGURE, INC. 85190554 IGO iGo, Inc.
TTABVue 91204971 GP GLOBAL LIMITED 85434652 TEAVEDA DSM IP Assets B.V.
TTABVue 91204968 GROHE AG 85240660 SMART RAIN Rain Bird Corporation
TTABVue 91204917 HATCH CHILE COMPANY, INC. 85359610 HATCH El Encanto, Inc.
TTABVue 91204929 HILL, BENJAMIN F. 85427334 HILLSPORTS Johnson & Hill LLC
TTABVue 91204961 HYRO-GLIFF 85520247 EVERYONE PARTIES IN 85520250Application File Appl
TTABVue 91204964 JEFFREY DECLAIRE M.D. 85347058 MOVESTRONG Lance Armstrong Foundation
TTABVue 91205004 JLO HOLDING COMPANY, LLC 85365687 JLO Richemont International SA
TTABVue 91204985 JORDAN VALLEY GRAPHICS, INC. 85371218 ANGLER SKINS SKINS INTERNATIONAL TRADING AG
TTABVue 91204912 KAHUA, INC. 85447745 K2K SourceCode Technology Holdings, Inc.
TTABVue 91204941 LAGUNA LAKES COMMUNITY ASSOCIATION, INC. 85414343 LAGUNA L · A · K · E · S JohnGMarino
TTABVue 91204918 LG ASSOCIATION 85458148 CRUNCH Maxxsonics USA, Inc.
TTABVue 91204992 LINK SNACKS, INC. 8544686085446857 MATADOR RUN WITH THE BULLRUN WITH THE BULL Fromartharie, Inc.
TTABVue 91204922 LOGICA SPORT INC. 85272353 IB B.EMME 3M Company
TTABVue 91205002 MAVERICK HOLDINGS, LLC 85227698 EAST BY SOUTHEAST SXSW, Inc.
TTABVue 91204909 MAYTEX MILLS, INC. 85468526 THE GRIPPER Klear-Vu Corporation
TTABVue 91204926 MCHALE ENGINEERING LIMITED 85184704 FUSION VARIO Blount, Inc.
TTABVue 91204942 MORTAR NET USA LTD. 77941289 [Design Mark] Keene Building Products Co.
TTABVue 91204970 MORTAR NET USA LTD. 77941289 [Design mark] Masonry Reinforcing Corporation of America
TTABVue 91205021 MULTISORB TECHNOLOGIES, INC. 85168271 POLYFRESH A. SCHULMAN, INC.
TTABVue 91204976 NISSAN JIDOSHA KABUSHIKI KAISHA 77937358 ZERO EMISSION Enterprise Holdings, Inc.
TTABVue 91204989 NISSAN JIDOSHA KABUSHIKI KAISHA 77937365 ZERO EMISSION Enterprise Holdings, Inc.
TTABVue 91205018 NISSAN JIDOSHA KABUSHIKI KAISHA 77937424 E ZERO EMISSION Enterprise Holdings, Inc.
TTABVue 91205019 NISSAN JIDOSHA KABUSHIKI KAISHA 77937363 ZERO EMISSION Enterprise Holdings, Inc.
TTABVue 91205020 NISSAN JIDOSHA KABUSHIKI KAISHA 77937437 ZERO EMISSION Enterprise Holdings, Inc.
TTABVue 91205009 O’CONNOR, JOHN 85389049 ORANGESONIC America’s Drive-In Brand Properties LLC
TTABVue 91204994 OMAR HIGGS 85376344 INTELLASCENT Intel Corporation
TTABVue 91205007 PALM, INC. 77652457 SYNERGY Exact International Development B.V.
TTABVue 91205013 PALM, INC. 77652457 SYNERGY Synergex International Corporation
TTABVue 91204935 PUKLICH BICYCLES, INC. DBA EXCELCYCLE 85340335 EXCELCYCLE Seal Trademarks Pty Ltd
TTABVue 91205014 QUADLINK TECHNOLOGY, INC. 85317023 QUADLINK Cisco Technology, Inc.
TTABVue 91204988 RANTS LIMITED TRADING AS VIDZONE 79066582 VIDZONE Coby Electronics Corp.
TTABVue 91204956 REID, HOUSTON 85433248 SAVALI Viña Tabali S.A.
TTABVue 91204999 REVISE CLOTHING, INC. 85444648 V-STAR BLACK QS Wholesale, Inc.
TTABVue 91205001 RUSSELL STOVER CANDIES, INC 85367838 SNAP-IT RABBIT Hershey Chocolate & Confectionery Corporation
TTABVue 91204913 SAMTANI (JAMAICA) LTD. DBA TROPICANA JEWELERS 85375935 ONE LOVE Fifty-Six Hope Road Music Limited
TTABVue 91205023 SAN PASQUAL CASINO DEVELOPMENT GROUP INC. . 8539479685394805 PINCH YOURSELFPINCH YOURSELF Viejas Band of Kumeyaay Indiancs
TTABVue 91204950 SANTARUS, INC. 85332944 ZEDESA Bial-Portela & CA S.A.
TTABVue 91205005 SEXY STAR DESIGN, INC. 85296856 D.STAR Facton Ltd., G-Star Raw C.V., G-Star USA LLC
TTABVue 91204946 SHANDA COMPUTER (SHANGHAI) CO., LTD. 79090328 BAMBOOK Books-A-Million, Inc.
TTABVue 91204936 SHENZHEN GREENWHEEL ELECTRIC VEHICLE CO., LIMITED , LIMITED 77822338 MULE EV Kawasaki Motors Corp., U.S.A.
TTABVue 91204943 SONY MUSIC ENTERTAINMENT 85268314 CME Creative Mobile Technologies, LLC
TTABVue 91204980 SPENCER, FRANK B. 77557722 CRAZY HORSE The Crazy Horse Memorial Foundation
TTABVue 91205016 SUNRICH TECHNOLOGY (H.K.) LIMITED 8537116185371152 ST LABST LAB STMicroelectronics, Inc.
TTABVue 91204948 SVEN BRASSAT 79093978 GLEN DOWAN The Scotch Whisky Association
TTABVue 91204911 THE ABSTER INC. 85401738 LOVE YOURSELF NAKED Renee Heigel
TTABVue 91204924 THE KROGER CO. OF MICHIGAN 85397903 SERVE UP SAFE DELICIOUS FOOD The National Restaurant Association Educational Foundation
TTABVue 91205024 TMT SERVICES AND SUPPLIES (PTY) LIMITED 8529503285295038 ICONTROLICONTROL iControl Networks, Inc.
TTABVue 91204944 TREENO SOFTWARE, INC. 85341063 T Deutsche Telekom AG
TTABVue 91204920 TWITTER, INC. 77715815 TWEET Rick Qureshi
TTABVue 91204963 UPWELL CO. 85217586 SKKIN USA Swatch AG (Swatch SA) (Swatch Ltd.)
TTABVue 91204957 VITATIV INT’L INC. 85340620 VITATIV McNeil Nutritionals, LLC
TTABVue 91204937 W.F. YOUNG, INC. 85335295 ON-THE-GO Johnson & Johnson
TTABVue 91204984 XYLEM IP HOLDINGS LLC 85371193 XYLEM Xylem Group, LLC
TTABVue 91204986 XYLEM IP HOLDINGS LLC 85386849 XYLEM Xylem Group, LLC

Cancellation No.

Registrant

Serial No.

Trademark

Opposer
TTABVue 92055556 EDIFY CLOTHING 8504769785135818 EDIFYEDIFY CLOTHING Truth Soul Armor, LLC
TTABVue 92055563 ELECTRIC TODAY INC 78937768 SERVICE TODAY OR YOU WON’T PAY! Clockwork IP, LLC
TTABVue 92055558 EMMMANOUIL KOKOLOGIANNIS AND SONS, SOCIETE ANONYME OF TRADE, HOTELS AND TOURISM S.A. “WITH THE BUSINESS TITLE “SCALA” “PANGOSMIO” 79023559 ECONOMY CAR RENTALS RENTAL-HIRE-RENT A CAR- AUTOVERMIETUNG-MIETWAGEN Economy Rent-A-Car, Inc.
TTABVue 92055546 G & F PRODUCTS, INC. DBA G & F GLOVES 85093974 BLADE X5 Shanghai Select Safety Products Co., Ltd.
TTABVue 92055553 HOLLY SOUTHERLAND 77862375 HOLLYDAY HollyDays, LLC
TTABVue 92055523 LAWRENCE GROSSBERG 77336020 STAR-CLUB Star*Club Ltd.
TTABVue 92055560 LAZAR ENTERPRISES, INC. 78735845 WING SPOT Wingstop Restaurants, Inc.
TTABVue 92055551 MAJOR BRANDS 85307505 SWEET CHEEKS Sweet Cheeks Vineyards, Inc.
TTABVue 92055548 MILTON YEE 77748101 PASSING SHOW Rahul Sabhnani
TTABVue 92055529 MOOD MENDERS, LLC AKA MOOD MENDERS, TO GO SPA 77675394 EYEDEWS Arcona, Inc.
TTABVue 92055522 SOAPZEES LLC 85289678 SOAPZEES John Skaggs and Linda Skaggs
TTABVue 92055527 2077223 ONTARIO LIMITED 77145003 OLOGY Walgreen Co.
TTABVue 92055552 ADVANCED NUTRISOLUTIONS, INC. 85313470 NUTRAFOODS GNT Beheer B.V. and GNT USA, Inc.
TTABVue 92055562 ARMADA SHIPPING S.A. 7903331579025916 ARMADAARMADA RMJ Partners LP
TTABVue 92055535 BARONESS SMALL ESTATES, INC. 77260930 IDYLLIC Pomum Cellars LLC
TTABVue 92055557 BROCK WELD 78922899 BMF WHEELS CFE Racing Products, Inc.
TTABVue 92055550 CHEZ ROUX LIMITED 77541733 CHEZ ROUX Last in Concepts, LLC
TTABVue 92055525 DA ROSA WARD, LLC 78945273 REJECTS Tyson Ritter and Nick Wheeler
TTABVue 92055528 DAVID SZELLOS 85304100 IWATCHZ Swatch AG (Swatch SA) (Swatch Ltd.)
TTABVue 92055549 EMPIRICAL CONCEPTS, INC. 76641551 EMPIRICAL CONCEPTS Empirical Financial Servies
TTABVue 92055540 ENCAP, LLC 76594138 AST Oldcastle Lawn & Garden, Inc.
TTABVue 92055544 ENCAP, LLC 76679337 SWT Oldcastle Lawn & Garden, Inc.
TTABVue 92055531 EXACTRAIL, LLC 77870245 PLATINUM Bachmann Industries, Inc.
TTABVue 92055564 FIRST WATCH RESTAURANTS, INC. 77021700 THE MIDDLE GRIDDLE I.C.A.N. Foods, Inc.
TTABVue 92055536 FLIGGO, INC. 85050131 TREEHOUSE RealNetworks, Inc.
TTABVue 92055530 FRANKURT CORPORATION DBA GIVE WINK 85242530 GIVE WINK Wink NYC Inc.
TTABVue 92055532 INNOVATIVE PROCUREMENT, LLC 85202709 CONQUER OUTDOORS Penn Fishing Tackle Mfg., Co.
TTABVue 92055559 JUNG OK KYUNG LEE 85211279 KOREAN POETS ASSOCIATION OF AMERICA US Association of Korean Poets
TTABVue 92055526 MARK F. HOWELL 77310055 KNOCK-EM-OUT Jason Anthony Evans
TTABVue 92055521 MULTISPECTRAL SOLUTIONS, INC. 78213523 SPIDER-650 Sensors & Software Inc.
TTABVue 92055543 PACE RUNNERS INC. 77311813 PACE Pace Air Freight
TTABVue 92055545 PICS, INC. 73608361 HEALTH INNOVATIONS UnitedHealth Group Incorporated
TTABVue 92055524 SAFEGUARD CHEMICAL CORPORATION 73477323 SG Continental Fragrances, Ltd.
TTABVue 92055561 SMARTPROS LTD 76105059 KEEPSMART Keepsmart Inc.
TTABVue 92055554 THOMAS B. FORE 76606080 ARSENAL The Arsenal Football Club Public Limited Company
TTABVue 92055520 TURKEY HILL L.P. 77545337 DYNAMIC DUOS Conopco, Inc.
TTABVue 92055542 TYTEX A/S 79001288 TYTEX TyTek Industries, Inc.
TTABVue 92055534 U.S. FOODSERVICE, INC. 73415826 CARLISLE Carlisle Intangible Company
TTABVue 92055541 VINCENT MOTORS LLC 8539659185396580 VINCENTVINCENT HRD David M. Holder
TTABVue 92055547 WOLF-GORDON INC. 85260079 WINK. Josef Feldman and FM Group, Inc.
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