The Trademark Trial and Appeal Board (Tee-Tee-A-Bee) has scheduled ten (10) oral hearings for the month of February 2022. The hearings will be held by videoconference. Briefs and other documents for each case can be found at TTABVIEW through the links provided.
February 1, 2022 – 1 p.m.: Empresa Cubana Del Tabaco dba Cubatabaco c. General Cigar Co., Inc.Cancellation No. 92025859
[Petition for cancellation (filed in January 1997) of two
registrations for the mark COHIBA (one in standard
form, the other stylized) for “cigars,” on the grounds of
violation of Article 8 of the Pan-American Convention, likelihood
of confusion with Petitioner’s identical mark for cigars, fraud
in filing a Section 15 Declaration, misuse of a registration under
Section 14(3), and abandonment.]
February 3, 2022 – 2 p.m.: In re Artsana SpASerial No. 79233670
[Section 2(d) refusal of the
mark COONTROL for, inter
alia, massage gels other than for medical purposes and sexual
stimulant gels, and for “condoms; adult sexual stimulation
devices and sex toys comprised of vibrators; artificial vaginas;
love dolls, namely, sex dolls; sex toys; benwa balls; artificial
penises, being adult sexual aids” on the ground of likelihood
of confusion with the registered mark MAX CONTROL for
“medicated, desensitizing preparation for sexual
performance.”]
February 8, 2022 – 1 p.m.: In re SC Licensing, LLCSerial No. 88737743 [Refusal to register THE FARMHOUSE BY RACHEL
ASHWELL for “Bed frames; beds; benches; chair
pads; cribs; desks; etagere; fabric figurines; fitted fabric
furniture covers; furniture; bed headboards; magazine racks; mirror
frames; mirrors; non-metallic bottle-stoppers in the nature of
plastic stoppers for bottles; picture frames; pillow forms;
pillows; plate racks; screens for fireplaces; sculptures and
statues of wood, wax, plaster and plastic; seat cushions; wood
boxes; household goods, namely, shoe racks and beds for household
pets; window treatments, namely, interior window shades,”
absent a disclaimer of FARMHOUSE.]
February 9, 2022 – 10:30 a.m.: In re J. Spagnuolo & Associates, CPSerial No. 88789748 [Section 2(d) refusal of MLG
MACOMB LAW GROUP & Design for “legal
services; providing customized legal information, counseling, and
advice, and litigation services in the field of tort law”
[MACOMB LAW GROUP disclaimed] saw the trademark MLG AUTOMOTIVE LAW for “Legal advisory services; Legal advisory services in the field of automotive legal matters; Legal services.” [AUTOMOTIVE
LAW disclaimed]]
February 10, 2022 – 1 p.m.: FirstBank Holding Company and FB Corp. vs. FirstBank Southwestopposition no. 91229748 [Opposition
to FIRSTBANK SOUTHWEST & Design for
various banking and investment services [FIRSTBANK disclaimed] saw the trademark FIRST BANK for overlapping services [BANK disclaimed].
February 15, 2022 – 1 p.m.: In re Sunrise Apparel Group, LLC Serial No. 88571635 [Section 2(d) refusal of AMERICAN STAR for
” Clothing, namely, jeans, bottoms, pants, shorts, skirts,
shirts, vests, tops, blouses, dresses, coats, sweaters, t-shirts,
jackets; headwear; footwear” [AMERICAN disclaimed]in view of the identical mark for “jewelry” [AMERICAN
disclaimed]].
February 17, 2022 – 1 p.m.: ARSA Distributing, Inc. vs. Salud Natural Mexicana SA DE CV oppositions Nos. 91240240 and 91243700 [Section 2(d) oppositions to registration
of EUCALIN & Design for “Herbal
supplements; Nutritional supplements; Vitamin supplements”
and EUCALIN (standard form) for
“Pharmaceutical products, namely, vitamin supplements,
nutritional supplement made with a syrup with jelly base, honey
base, and with a mixture of plants with propolis base, and herbal
remedies in the nature of herbal supplements,” in view of
Opposer’s alleged prior use of the
mark EUCALIN (standard form) for
“Dietary and nutritional supplements.”]
February 22, 2022 – 1 p.m.: C5 Medical Werks, LLC v CeramTec GmbHCancellation Nos. 92058781 and 92058796 [Consolidated proceedings
for cancellation of two registrations for the color pink applied to
the entire surface of hip joint balls, on the grounds of Section
2(e)(5) functionality and fraud.]
February 23, 2022 – 1 p.m.: John P. Bertoldi vs. Majestics Car Club, Inc.Cancellation No. 92065546 [Petition for cancellation
of a registration for the
mark MAJESTICS in the design form shown
below, for “Car accessories, namely, car plaques,” on the
ground of prior use of the iderntical mark and likelihood of
confusion, nonownership, fraud, deception, false suggestion of a
connection, and dilution-by-blurring].
February 24, 2022 – 2 p.m.: Orange Countyserial numbers 87419378 and 87639750 [Section 2(b) refusals to register the word-plus-design
marks shown below, for various governmental services (e.g.,
maintaining parks and libraries), on the ground that the marks
constitute insignia of a governmental entity used to identify
applicant as an emblem of authority.]
Read comments and post your comment here.
The TTABlog
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
%20%E2%80%93%20Intellectual%20Property){kind=link}