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Search by Issue date range : From 04/27/2018 to 05/27/2018 21 items found, displaying all items.
Final Decisions of the Trademark Trial and Appeal Board
*Date Issued sort Type of Case sort Proceeding or Appn. No. sort Party or Parties sort TTAB Panel(2) sort Issue sort TTAB Decision sort Opposer's or Petitioner's Mark and Goods or Services sort Applicant's or Respondant's Mark and Goods or Services sort Mark and Goods Cited by Examining Attorney sort Examining Attorney sort Citable as Precedent of TTAB sort
05/07/2018 CANC 92056548 Yazhong Investing Ltd. v. Multi-Media Tech. Ventures, Ltd. Cataldo*
Taylor
Greenbaum
14 abandonment; Nonuse; Fraud Petition to Cancel Granted on abandonment claim GIDGET [Computer and video game software; musical sound recordings; ear buds; eyewear; head-phones; MP3 players, in Int. Cl. 9] [Backpacks, book bags, sports bags, bum bags, wallets and handbags; Luggage; Purses; Wallets, in Int. Cl. 18] [Towels; Bedding; Shower curtains, in Int. Cl. 24] [Bathing suits; belts; blouses; bottoms; dresses; hats; pants; sandals; shoes; shorts; skirts; t-shirts; tops; shirts in Int. Cl. 25] [Conducting work-shops and seminars; on-going entertainment series, and website on surfing, skate-boarding, skiing, snow-boarding; live band performances; sports competitions, production of various publications, in Cl. 41] GIDGET [Sunglass frames, pre-recorded DVDs in the field of surfing, in Cl. 9] [Blouses, pants, shifts, skirts, jackets, dresses, shorts, hats, belts, sandals, bathing suits, shoes and tops, in Cl. 25] [wide variety of live performances; theater, musical, television and radio production and editing; educational seminars, classes, workshops, and competitions regarding surfing and other sports, fashion design and beauty pageants; on-going television programs; publication of books and magazines; publication of texts, electronic and digital publications, in Cl. 41] [cosmetics in Cl. 3] [bicycles, tricycles, pull wagons and strollers, in Cl. 12] [jewelry, watches, in Cl. 14] [stationery items and paper goods, in Cl. 16] [bed and bath linens, shower curtains, in Cl. 24] YES
04/27/2018 OPP 91236790 Mazama Brewing Company, LLC v. Sumerian Brewing Co., LLC Wolfson
Kuczma
Gorowitz [Opinion “By the Board” (McKnight)]
2(d); Leave to replead 2(a) false suggestion claim allowed Summary Judgment Granted in Part (as to standing and priority) HOP ERUPTION (common law rights) [beer] HOPRUPTION DOUBLE IPA (DOUBLE IPA disclaimed) [beer—Class 32] NO
04/30/2018 OPP 91232124 PicMonkey, LLC v. Leung Kuhlke
Ritchie*
Masiello
2(d) Opposition Sustained PIC MONKEY, PICMONKEY ROYALE, and monkey designs (multiple registrations) Panel analysis on PIC MONKEY [Image processing software design; providing a website featuring software tools for image editing in Cl. 42] FRIEND MONKEY (with design and color claim, as shown) [Computer software development, programming and maintenance of desktop and mobile applications in Cl. 42] NO
05/03/2018 OPP 91226572 Andre Young v. Draion M. Burch DO, LLC Kuhlke
Goodman*
Pologeorgis
2(d); 2(a) false suggestion of a connection Oppositions Dismissed DR. DRE (typed drawings) [Series of musical sound recordings in Int. Cl. 9] [T-shirts, sweatshirts, caps in Int. Cl. 25] [Posters, art prints and stickers in Int. Cl. 16] [Musical composition and production of musical sound recordings in Int. Cl. 41] [motivational speaking on osteopathic medicine, obstetrics and gynecology in Cl. 41] [Providing health care and consulting on osteopathic medicine, obstetrics & gynecology in Cl. 44] NO
05/03/2018 OPP 91224580 Andre Young v. Draion M. Burch DO, LLC Kuhlke
Goodman*
Pologeorgis
2(d); 2(a) false suggestion of a connection Oppositions Dismissed DR. DRE (typed drawings) [Series of musical sound recordings in Int. Cl. 9] [T-shirts, sweatshirts, caps in Int. Cl. 25] [Posters, art prints and stickers in Int. Cl. 16] [Musical composition and production of musical sound recordings in Int. Cl. 41] DR. DRAI NO
05/09/2018 OPP 91223768 Tommie Copper IP, Inc. v. Gcool-Tech Usa LLC Shaw*
Goodman
Larkin
2(d); Fraud Opposition Dismissed as to both grounds; application will be republished because of change in basis [Footwear, headwear, and clothing, namely, tops, bottoms, gloves, hosiery, jackets, shirts, sleeves, socks, underwear, wristbands, in Cl. 25] And four marks consisting of or including TOMMIE COPPER [compression garments for athletic or other non-medical use featuring copper –infused yarn, in Cl. 25] [wide variety of footwear and apparel items, in Cl. 25] COPPER 88 (with design, as shown below; COPPER 88 disclaimed; with color claim) [athletic sleeves, dresses, gloves, hats, hooded sweatshirts, pants, scarves, scrubs not for medical purposes, shoes, shorts, skirts, socks, T-shirts, underwear, made of fabric containing copper, in Cl. 25] NO
05/07/2018 OPP 91222920 Standard Tools and Equipment Co. v. Dropship LLC DBA Tool USA Lykos*
Masiello
Pologeorgis
2(d) Opposition Sustained TOOLS USA (Supplemental Register - TOOLS disclaimed) and with design (as shown below; TOOLS USA disclaimed) [both for: Equipment catalogs for vehicle repair shops, in Cl. 16]; TOOLS USA (TOOLS disclaimed) [On-line retail store services featuring equipment for automotive, body shop, and painting industries, in Cl. 35] TOOL USA.COM (TOOL and USA.COM disclaimed; with color claim, as shown below) [Manually operated hand tools, namely, hammers, trowels, sanding wire wool, drill accessories, namely, bits for hand drills, in Cl. 8] NO
05/07/2018 OPP 91216816 Cheerleader Pub and Grill, Inc. v. Private Label and The Bugarie Group LLC (joined as defendants) Zervas*
Bergsman
Masiello
2(d); Nonuse; Fraud; motion to amend identifi-cation of goods and services Opposition Sustained in Part, Denied in Part; motion to amend granted in part, denied in part CHEERLEADER PUB AND GRILL (with design, as shown below; PUB AND GRILL disclaimed) [Restaurant and bar services, in Cl. 43] CHEERLEADERS BAR & GRILL (BAR & GRILL disclaimed) [wide variety of clothing items, including T-shirts, in Cl. 25] [Restaurant and bar services, Food catering, in Cl. 43] NO
05/11/2018 OPP 91216270 Manhattan International Trade Inc. and Pure & Simple Concepts Inc (joined as plaintiffs) v. Industrie IP Pty Limited Cataldo
Adlin*
Masiello
2(d); 43(c) Opposition Dismissed as to both claims Six registrations comprising or including INDUSTRY (four with designs or stylization) [shirts, pants, jeans, coats, jackets, denim pants, denim jackets, denim jeans, swimsuits, athletic trunks, shorts, underwear, socks, t-shirts, dresses, skirts, blouses, coveralls, belts, footwear and headwear, in Cl. 25] FINEST QUALITY GARMENT MAKERS INDUSTRIE – TURN OF THE CENTURY CLOTHING EST 1999 (all words disclaimed; with design, as shown below) [shirts, pants, jeans, coats, jackets, denim pants, denim jackets, denim jeans, swimsuits, athletic trunks, shorts, underwear, socks, t-shirts, dresses, skirts, blouses, coveralls, belts, footwear and headwear, in Cl. 25] [retail clothing store services, in Cl. 35] NO
05/04/2018 EX 87344899 Blue Teddy, LLC Lykos
Goodman
Larkin*
1, 2, 3 and 45 (fails to function as a mark) Refusal Affirmed CAN YOUR FOUR YEAR OLD READ THIS? OURS CAN. [Classroom instruction to children from 2 months to 5 years old in Cl. 41] J. Dible NO
05/09/2018 EX 87240723 Live Nation Worldwide, Inc. Cataldo
Wolfson*
Adlin
2(d) Refusal Affirmed STARPLEX [Promoting, management and operation of live entertainment events, not offered at motion picture theaters, in Cl. 35] [Providing facilities for live entertainment events, not at motion picture theaters in Cl. 41] STARPLEX CINEMAS (CINEMAS disclaimed) [Motion picture theaters, in Cl. 41] K. Jackson NO
05/11/2018 EX 87117266 Marcos A. Castillo Kuhlke
Cataldo
Bergsman*
2(e)(3) Refusal Reversed LAROMANA [Brown sugar, in Cl. 30] N. Snyder NO
05/10/2018 EX 87046406 Kenny Robinson Cataldo
Shaw*
Coggins
2(d) Refusal Affirmed MY FAMILY FIRST [Hats; jackets; pants; shirts; socks, in Cl. 25] FAMILY FIRST [Shirts and T-shirts, in Cl. 25] MY FAMILY FIRST (with design, as shown below) [Sweatshirts and T-shirts in Cl. 25] B. Callaghan NO
05/01/2018 EX 87026770 Bear Creek Distillery, LLLP Cataldo
Greenbaum*
Pologeorgis
2(d) Refusal Affirmed as to each application BEER CREEK [wine in Cl. 33] E. Torres NO
05/01/2018 EX 87026602 Bear Creek Distillery, LLLP Cataldo
Greenbaum*
Pologeorgis
2(d) Refusal Affirmed as to each application BEER CREEK DISTILLERY and BEER CREEK [wine in Cl. 33] E. Torres NO
05/01/2018 EX 86837550 Patrick K. McLoughlin Wellington
Greenbaum
Masiello*
2(d) Refusal Affirmed THE CYRKLE standard characters [Entertainment in the nature of live performances by a musical band Cl. 41] THE CIRCLE [CDs, DVDs and downloadable musical and video recordings in Cl. 9] [Clothing items in Cl. 25] [Entertainment services in the nature of live musical Performances in Cl. 41] K. Foss NO
05/09/2018 EX 86796332 BRITA GmbH Cataldo
Kuczma
Goodman*
2(d) Refusal Affirmed CCC [Drinking bottles; drinking bottles for sports; drink receptacles in the form of bottles; bottles sold empty, in Cl. 21] CCC (stylized) [Plastic containers, such as bottles and the like, in Cl. 21] A. Rosenblatt NO
05/07/2018 EX 86747927 Bell Rock Growers, Inc. Ritchie
Heasley
Pologeorgis*
2(e)(1), 2(f) Refusal Affirmed PET GRASS [live wheat, oat, rye and barley grass; kits comprised of wheat, oat, rye and barley grass seeds and growing medium; processed cereal grasses for animal consumption; catnip; digestible chewing bones for animal consumption; edible small animal treats; food for animals, in Int. Cl. 31] [Online retail store services featuring pet supplies, pet toys, and pet food, in Cl. 35] L. Estrada NO
04/27/2018 EX 86700604 Jindal Films Americas LLC Bergsman*
Masiello
Coggins
2(d) Refusal Affirmed PLATINUM THERMAL (THERMAL disclaimed) [plastic film for packaging; plastic tags; plastic tickets—Class 16] [adhesive, plastic films for use in commercial or industrial manufacturing—Class 17] PLATINUM MAX HAND FILM (HAND FILM disclaimed] and PLATINUM MAX MACHINE FILM (MACHINE FILM disclaimed) [plastic cling film, extensible, for palletization; plastic film for packaging and wrapping—Class 16] R. Clark NO
05/02/2018 EX 85252133 Lummus Technology Inc. Wolfson
Hightower*
Coggins
1 and 45 (specimen) 1, 2 and 45 (not goods in trade) Refusals Reversed LCMAX [Industrial refining reactor components in Cl. 7] [Technical consulting regarding processing oils, gases, hydro-carbons, and petrochemicals in Cl. 41] [Engineering services related to design of technology for, and research an analysis in field of processing of oils, gases, hydrocarbons, and petrochemicals in Cl. 42] D. Collopy NO
05/08/2018 EX 79188560 Dyson Technology Limited Zervas
Kuczma
Masiello*
2(d) Refusal Reversed CU-BEAM [adjustable LED lighting fixtures and parts and fittings therefor, in Cl. 11] Q-BEAM SPOT/FLOOD [hand-held combination spotlight and floodlight, in Cl. 11] J. Berlin NO



KEY: e Biz=online business system  fees=fees forms=forms help=help laws and regs=laws/regulations definition=definition (glossary)

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