TTAB Posts November 2013 Hearing Schedule

The Trademark Trial and Appeal Board has scheduled 5 (five) oral hearings for the month of November, as listed below. The hearings will be held in the East Wing of the Madison Building, in Alexandria, Virginia. The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. Briefs and other papers for these cases may be found at TTABVUE via the links provided.

November 12, 2013 - 2 PM: In re Datapipe, Inc., Serial No. 85173828  [Section 2(e)(1) mere descriptiveness refusal of YOUR CLOUD for "electronic data storage services, namely, storing electronic data at data centers; Computer services in the nature of providing an integrated suite of data and computer related services, namely, electronic data storage"].

November 13, 2013 - 11 AM: In re Mother Earth Brewing, LLC, Serial No. 77716598 [Section 2(d) refusal to register the mark shown below left, for "Beer, excluding both organic beer and beer comprised solely of organic components; Brewed malt-based alcoholic beverage in the nature of a beer, excluding both organic beer and beer comprised solely of organic components"[BREWING disclaimed], in view of the registered mark shown below right, for "beer comprised solely of organic components" [BREW CO. disclaimed].

November 13, 2013 - 2 PM: In re Trivita, Inc., Serial No. 77658158 [Section 2(e)(1) mere descriptiveness refusal of NOPALEA for "Dietary and nutritional supplements sold exclusively through multi-level direct marketing; Nutritional supplements sold exclusively through multi-level direct marketing; all of the foregoing containing, in whole or in substantial part, nopal juice"].

November 14, 2013 - 11 AM: McDonald's Corporation v. McSweet LLC, Opposition No. 91178758 [Section 2(d) and 43(c) opposition to registration of MCSWEET for pickled vegetable products, in view of  Opposer's alleged "Mc-formative" family of marks].

November 21, 2013 - 2 PM: In re Steve Madden, Ltd., Serial No. 85313681 [Section 2(d) refusal of FREEBIRD BY STEVEN for "shoes" in view of the registered mark FREE BIRD for "a-shirts; button-front aloha shirts; camp shirts; dress shirts; golf shirts; Knit shirts; long-sleeved shirts; night shirts; open-necked shirts; pique shirts; polo shirts; shirts; short-sleeved or long-sleeved t-shirts; short-sleeved shirts; pants; lingerie; jackets"].

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TTABlog note: See any WYHA?s here?

Text Copyright John L. Welch 2013.

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