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The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled eight (8) oral hearings for the month of September 2022. The second and fourth hearings listed below will be held in person; the rest will take place by videoconference. Briefs and other documents for each case can be found at TTABVIEW through the links provided.
September 7, 2022 – 11 a.m.: Dutch Bros., LLC v Denco Horeca Beheer BVoppositions nos 91253828 and 91264452 [Section 2(d) opposition to registration
of the mark shown below, for “nergy drinks containing
caffeine; energy drinks not for medical purposes,” on the
ground of likelihood of confusion with various DUTCH
BROS. registered marks for coffee and energy drinks.]
September 8, 2022 – 11 a.m. (in person): Caterpillar Inc. vs. Puma SCCancellation No. 92067079
[Petition for cancellation of a registration for the
mark PROCAT for, inter
alia, footwear and headbands, on the grounds of abandonment
and likelihood of confusion with, an likelihood of dilution of, the
registered mark CAT for overlapping
September 15, 2022 – 3:30 p.m. (10th Annual ABA IPL Sections Marks Day Event): In re Seminole Tribe of FloridaSerial number 87890892
[Refusal to register the mark shown below, comprising “a
building in the shape of a guitar,” for “casinos”
and “hotel, restaurant and bar services,” on the ground
that the proposed mark is not inherently distinctive. [Note: the
applicant’s alternative Section 2(f) claim of acquired
distinctiveness was accepted by the examining attorney].
September 16, 2022 – 3:00 p.m. (in person at the University of Oregon Law School, Portland Campus): Honest Tea, Inc. vs. La Brisa Ince Cream Companyobjection no. 91252873 [Section 2(d) Opposition
to HONEST POP for “Frozen
confections, namely, frozen fruit confections and frozen
plant-based confections, all excluding frozen yogurt”in view
of various HONEST-formative marks for coffee, tea, fruit juice, and
other beverages including “juice slushy” products.]
September 21, 2022 – 1 p.m.: Sazerac Brands, LLC vs. Bullshine Distillery LLCobjection no. 91227653 [Section 2(d) opposition to registration
of BULLSHINE FIREBALL for
“Alcoholic beverages except beers” in view of the
registered mark FIREBALL for whiskey,
whisky, and liqueurs, with counterclaims for fraud and
September 22, 2022 – 1 p.m.: In re Matosantos Commercial Corporation Serial number 88718607 [Section 2(d) refusal of FRUIT & VEGGIE
BLENDERS, in the stylized form shown below, for
“Frozen fruits; Frozen vegetables,” in view of the
registered mark FRESH BLENDERS for
“Fresh fruit and vegetables.”]
September 23, 2022 – 11:30 a.m. (CLE event in New Mexico): Greater Orlando Aviation Authority v. Sanford Airport Authorityoppositions nos 91234602 and 91235774 [Section
2(d) opposition to registration of ORLANDO SANFORD
INTERNATIONAL AIRPORT, in standard character form
[INTERNATIONAL AIRPORT disclaimed] and in the form of the logo below [ORLANDO SANFORD and INTERNATIONAL AIRPORT disclaimed]for “airport services”, taking into account the mark ORLANDO INTERNATIONAL AIRPORTas standard characters and as the registered logo shown below [INTERNATIONAL AIRPORT disclaimed] for “airport services”.].
September 28, 2022 – 1 p.m.: In re Nike, Inc.serial numbers 88781464 and 88781470
[Refusals to register the mark shown below, absent a disclaimer
of SNKRS, for “operating an online
marketplace featuring footwear and clothing; on-line retail store
services featuring footwear and clothing; retail store services
featuring clothing and apparel; Pop-up retail store services
featuring clothing and footwear; providing consumer product
information and related news in the field of sneaker” and for
“Providing recognition and incentives by the way of awards and
contests to demonstrate excellence in the field of fashion and
sneaker collection,” on the ground that SNKR is generic, or
alternatively, merely descriptive and lacking in acquired
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TTABlog comment: Predictions? See WYHA or WYHO or WHYP?
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