Javascript calendar function to select dates FOIA Final Decisions - View in sections
Boards & Counsel > TTAB > Final Decisions of the Trademark Trial and Appeal Board


All files are in Adobe PDF
Download PDF Plugin

* - Sorted Column


Search by Issue date range : From 10/16/2018 to 11/15/2018 34 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
10/17/2018 CANC 92065144 Rocco Giordano v. Ferdinand Offray, IV Cataldo
Lykos
Kuczma*
Standing; 2(d) Petition to Cancel Dismissed with Prejudice FADED ROYALTY (claim of common law rights) [Clothing] (application to register mark abandoned during proceeding) FADED ROYALTY [Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms, in Cl. 25] NO
10/23/2018 CANC 92065028 Kimberly-Clark Worldwide, Inc. v. JustGoGirl, LLC Wolfson
Adlin
Lynch*
2(e)(1) Oppositions Sustained; Petition to Cancel Granted FITNESS [Feminine hygiene pads; Panty liners; Tampons, in Cl. 5] WORKOUT LEAKS and RUN LEAKS and FITNESS LEAKS [Feminine hygiene pads; Incontinence garments; Incontinence pads; Menstruation pads; Sanitary pads, in Cl. 5] ATHLETIC LEAKS [Feminine hygiene pads; Incontinence pads, in Cl. 5] NO
10/17/2018 CANC 92062086 VDF FutureCeuticals, Inc. v. Owen Ryan Taylor
Bergsman*
Greenbaum
2(d) Opposition Sustained; Petition to Cancel Granted VITABLUE [Herbal supplement, namely wildberry polyphenol extract, in Cl. 5] (with design, as shown above, and BLUE disclaimed) [Dietary supplement, in Cl. 5] VITABLUE [Nutriceuticals for use as a nutritional supplement and as a nutritional supplement ingredient, in Cl. 5] (VITAMIN disclaimed) [Non-alcoholic beverages, namely, soft drinks and fruit juices containing vitamins, in Cl. 32] NO
10/24/2018 CANC 92061544 Ayush Herbs, Inc. v. MDR Fitness Corp. Bergsman*
Lykos
Goodman
2(d) Petition to Cancel Granted CARDITONE (claim of common law rights and registration) [Dietary supplements, in Cl. 5] CARDIO TONE (CARDIO disclaimed) [Dietary and nutritional supplements, in Cl. 5] NO
10/23/2018 OPP 91231835 Kimberly-Clark Worldwide, Inc. v. JustGoGirl, LLC Wolfson
Adlin
Lynch*
2(e)(1) Oppositions Sustained; Petition to Cancel Granted FITNESS [Feminine hygiene pads; Panty liners; Tampons, in Cl. 5] WORKOUT LEAKS and RUN LEAKS and FITNESS LEAKS [Feminine hygiene pads; Incontinence garments; Incontinence pads; Menstruation pads; Sanitary pads, in Cl. 5] ATHLETIC LEAKS [Feminine hygiene pads; Incontinence pads, in Cl. 5] NO
10/23/2018 OPP 91231834 Kimberly-Clark Worldwide, Inc. v. JustGoGirl, LLC Wolfson
Adlin
Lynch*
2(e)(1) Oppositions Sustained; Petition to Cancel Granted FITNESS [Feminine hygiene pads; Panty liners; Tampons, in Cl. 5] LEAKS and RUN LEAKS and FITNESS LEAKS [Feminine hygiene pads; Incontinence garments; Incontinence pads; Menstruation NO
10/19/2018 OPP 91228390 Karamel Divaz MC, Inc. v. Leanda Regan, Daphne Kigler, Joanne Spivey Ritchie
Kuczma
Heasley*
2(d) Opposition Sustained KARAMEL DIVAZ MC and LET THE MELTDOWN BEGIN (claim of common law rights) KARAMEL DIVAZ (claim of common law rights and application to register mark with design and color claim, as shown above) [All for various charitable services, including, organizing and conducting volunteer programs and community service projects, in Cl. 35] KARAMEL DIVAZ MC LET THE MELT DOWN BEGIN (with design, as shown above) [Charitable services, including, organizing and conducting volunteer programs and community service projects for the local school system, hospitals and local food banks, in Cl. 35] NO
10/29/2018 OPP 91227774 Vineyard 29, LLC v. 29 Wine Company, LLC Taylor*
Hightower
Pologeorgis
2(d) Opposition Sustained 29 [Wines, in Cl. 33] VINEYARD 29 TWENTY-NINE (with design, as shown above, and VINEYARD disclaimed) [Wine, in Cl. 33] HIGHWAY 29 [Wine; wines in Cl. 33] NO
10/23/2018 OPP 91227530 Kimberly-Clark Worldwide, Inc. v. JustGoGirl, LLC Wolfson
Adlin
Lynch*
2(e)(1) Oppositions Sustained; Petition to Cancel Granted FITNESS [Feminine hygiene pads; Panty liners; Tampons, in Cl. 5] WORKOUT NO
10/23/2018 OPP 91224783 Naked Brand Group, Inc. v. Badih Khamis Cataldo
Greenbaum*
Coggins
2(d) Opposition Sustained NAKED [T-shirts, tops, tank tops, loungewear, pajamas, boxer shorts, under-garments, lingerie, bras, camisoles, chemises, night-gowns, peignoir sets, teddies, pajamas, robes, bathrobes, in Cl. 25] NAKED UNDERNEATH [Clothing, namely, Underwear, Bath robes, Shirts, T-Shirts, Sweaters, Pants, in Cl. 25] NO
10/17/2018 OPP 91221928 VDF FutureCeuticals, Inc. v. Owen Ryan Taylor
Bergsman*
Greenbaum
2(d) Opposition Sustained; Petition to Cancel Granted VITABLUE [Herbal supplement, namely wildberry polyphenol extract, in Cl. 5] (with design, as shown above, and BLUE disclaimed) [Dietary supplement, in Cl. 5] VITABLUE [Nutriceuticals for use as a nutritional supplement and as a nutritional supplement ingredient, in Cl. 5] VITAMIN BLUE NO
10/26/2018 OPP 91216243 Ascora GmbH v. Ascentech Pty Ltd as Trustee for The Smith Family Trust Hightower*
Heasley
Pologeorgis
2(d) Opposition Sustained ASCORA (claim of common law rights) [Software and related research and consulting services] ASCORA and ASCORA (with design, as shown above) Both for: [Software for managing the operations of a trade or service-based business specifically to assist with the management and operations of a mobile workforce or workers in the field, in Cl. 9] NO
10/26/2018 OPP 91204420 Yoplait Marques v. Mona Eldib d/b/a Eldib Engineering and Research, Inc. Cataldo
Goodman
Pologeorgis*
2(d); Lack of Bona Fide Intent To Use All Oppositions Sustained On Both Grounds GO-GURT and GO-GURT SIMPLE and SIMPLY… GOGURT All for: [Dairy products, excluding ice cream, ice milk and frozen yogurt, in Cl. 29] GOA-GURT and GOA GURT (with design, as shown above) Both for: [Frozen yogurt confections; Frozen yogurt mixes; Frozen yogurt, in Cl. 30] GOAT-GURT [Yogurts made of goat’s milk, in Cl. 29] NO
10/26/2018 OPP 91203854 Yoplait Marques v. Mona Eldib d/b/a Eldib Engineering and Research, Inc. Cataldo
Goodman
Pologeorgis*
2(d); Lack of Bona Fide Intent To Use All Oppositions Sustained On Both Grounds GO-GURT and GO-GURT SIMPLE and SIMPLY… GOGURT All for: [Dairy products, excluding ice cream, ice milk and frozen yogurt, in Cl. 29] NO
10/25/2018 EX 87312341 Gust, Inc. Wellington*
Kuczma
Lynch
2(e)(1); Improper Classification Refusal Affirmed as to each application based on 2(e)(1); Improperly classified goods deleted COMPANY AS A SERVICE K. Ray NO
10/25/2018 EX 87312334 Gust, Inc. Wellington*
Kuczma
Lynch
2(e)(1); Improper Classification Refusal Affirmed as to each application based on 2(e)(1); Improperly classified goods deleted CAAS and K. Ray NO
10/19/2018 EX 87240575 Michael Moureau Wilson Ritchie
Kuczma*
Adlin
1, 2, 3 and 45; 2(e)(1) and 2(f) Refusals Affirmed OUR LAWYERS ARE DOCTORS [Legal services, in Cl. 45] M. Reinhart NO
10/25/2018 EX 87236388 Elation Lighting, Inc. Taylor
Goodman*
Coggins
2(d) Refusal Affirmed PALADIN [Lighting apparatus, namely, electric lighting fixtures capable of projecting patterns, dimensions and colors, in Cl. 11] PALADIN [Generators of electricity, gas-operated power generators, in Cl. 7] [Battery packs, in Cl. 9] [LED luminaires; LED lighting systems comprised of work lights and case lights, each sold with lighting accessories, in Cl. 11] A. Noble NO
10/24/2018 EX 87210265 Hollywood Casinos, LLC Shaw
Lynch
Larkin*
2(e)(1) and 6(a) Refusal Affirmed as to each application in absence of disclaimer; Applicant Given 30 Days To Submit Disclaimers of CLASSIC SLOTS in each application HOLLYWOOD CLASSIC SLOTS (SLOTS disclaimed) HOLLYWOOD CLASSIC SLOTS (with design, as shown above, and SLOTS disclaimed) HOLLYWOOD CLASSIC SLOTS 10X (with design, as shown above, and SLOTS and 10X disclaimed) All for: [Various computer and electronic game software, in Cl. 9] [Entertainment services, namely, providing temporary use of online computer and electronic games, in Cl. 41] F. Blandu NO
10/24/2018 EX 87210260 Hollywood Casinos, LLC Shaw
Lynch
Larkin*
2(e)(1) and 6(a) Refusal Affirmed as to each application in absence of disclaimer; Applicant Given 30 Days To Submit Disclaimers of CLASSIC SLOTS in each application (SLOTS disclaimed) F. Blandu NO
10/24/2018 EX 87210257 Hollywood Casinos, LLC Shaw
Lynch
Larkin*
2(e)(1) and 6(a) Refusal Affirmed as to each application in absence of disclaimer; Applicant Given 30 Days To Submit Disclaimers of CLASSIC SLOTS in each application HOLLYWOOD CLASSIC SLOTS F. Blandu NO
10/30/2018 EX 87138792 Pruvit Ventures, Inc. Wellington
Goodman
Larkin*
2(e)(1) Refusal Affirmed as to each application [Dietary and nutritional supplements containing ketones; ketone-based sodium salt, in Cl. 5] N. Polzer NO
10/30/2018 EX 87138771 Pruvit Ventures, Inc. Wellington
Goodman
Larkin*
2(e)(1) Refusal Affirmed as to each application KETO//SALT N. Polzer NO
10/26/2018 EX 87138386 Allen Street Owner LLC Kuczma
Hightower
Goodman*
2(e)(2); 2(d) Refusal Reversed On Both Grounds ALLEN HOTEL (HOTEL disclaimed) [Hotel accommodation services, in Cl. 43] ETHAN ALLEN [Providing facilities for business meetings, in Cl. 35] [Inn and motel services, restaurant services, in Cl. 43] M. Beggs NO
11/02/2018 EX 87137207 Productos Verde Valle, S.A. de C.V. Zervas
Taylor*
Hightower
2(d) Refusal Affirmed SONIA [Sauces; Chili sauce; Hot sauce in Cl. 30] SONIA SONI LIFE IS A RECIPE [Spices, spice blends; spice Rubs in Cl. 30] P. Howard NO
11/01/2018 EX 87102130 Cocoon International Sales, LLC Mermelstein
Kuczma*
Coggins
2(d) Refusal Affirmed as to each application SLEEP COCOON (SLEEP disclaimed) [Mattresses; Pillows, in Cl. 20] K. Chang NO
11/01/2018 EX 87102115 Cocoon International Sales, LLC Mermelstein
Kuczma*
Coggins
2(d) Refusal Affirmed as to each application COCOON BY SEALY SLEEP COCOON (SLEEP disclaimed) [Mattresses; Pillows, in Cl. 20] K. Chang NO
10/25/2018 EX 87056720 8415927 Canada, Inc. Mermelstein
Greenbaum*
Coggins
2(d) Refusal Affirmed as to each application (PRIME and SEAFOOD disclaimed) (with design, as shown above, and COASTAL CUISINE disclaimed) [Restaurant services, in Cl. 43] R. Lee NO
10/25/2018 EX 87056710 8415927 Canada, Inc. Mermelstein
Greenbaum*
Coggins
2(d) Refusal Affirmed as to each application DIVE PRIME SEAFOOD (with design, as shown above, and COASTAL CUISINE disclaimed) [Restaurant services, in Cl. 43] R. Lee NO
10/19/2018 EX 87005177 ChuChu TV Studios, aka ChuChu TV Mermelstein
Wolfson
Gorowitz*
2(d) Refusal Affirmed With Respect to Cl. 28; Refusal Reversed With Respect to Cl. 25 ABBY (with design, as shown above) [Various clothing items, in Cl. 25] [Plush toys, in Cl. 28] ABBY [Toys, namely, dolls, fashion dolls, electronic dolls, animated dolls, doll clothing and doll accessories, in Cl. 28] D. Gearhart NO
10/22/2018 EX 87003347 Atul Datta Wellington
Wolfson
Hightower*
2(d) Refusal Affirmed QUANTUM QUARTZ (QUARTZ disclaimed) [Quartz; Quartz slabs for use in kitchen and bathroom counter-tops, in Cl. 19] QUANTUM and QUANTUM STONE (STONE disclaimed) Both for: [Tiles of ceramic for wall, floor or ceiling, in Cl. 19] M. Wright NO
10/26/2018 EX 85838010 Grumpy Cat Limited Kuhlke
Cataldo
Goodman*
2(e)(1) and 2(f) Refusals Affirmed; Request To Amend To The Supplemental Register Denied (illustration drawing with color claim) [Digital materials, namely, down-loadable video files featuring comedy; computer application software for mobile phones, in Cl. 9] [Various paper goods, in Cl. 16] [Entertainment services, namely providing a website featuring comedy, in Cl. 41] and [Stuffed and plush toys; action figures; dolls; toy animals, in Cl. 28] D. Lobo NO
10/26/2018 EX 85836812 Grumpy Cat Limited Kuhlke
Cataldo
Goodman*
2(e)(1) and 2(f) Refusals Affirmed; Request To Amend To The Supplemental Register Denied (illustration drawing with color claim) [Digital materials, namely, down-loadable video files featuring comedy; computer application software for mobile phones, in Cl. 9] [Various paper goods, in Cl. 16] [Entertainment services, namely providing a website featuring comedy, in Cl. 41] and [Stuffed and plush toys; action figures; dolls; toy animals, in Cl. 28] D. Lobo NO
10/30/2018 EX 79190461 I.L.L.A. S.P.A. Taylor
Wolfson
Coggins*
2(d) Refusal Affirmed as to the refused class OLLIA-TECH [Frying pans; skillets; earthenware saucepans; saucepans; pots for cooking; household utensils, namely, graters; kitchen utensils, namely, splatter screens, in Cl. 21] OLIA DESIGN (DESIGN disclaimed) [Glass wares, namely, decorative, and handcraft art objects of glass; Beverage glassware; Mugs; Cups and mugs, in Cl. 21] C. Dombrow NO



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

Is there a question about what the USPTO can or cannot do that you cannot find an answer for? Send questions about USPTO programs and services to the USPTO Contact Center (UCC). You can suggest USPTO webpages or material you would like featured on this section by E-mail to the webmaster@uspto.gov. While we cannot promise to accommodate all requests, your suggestions will be considered and may lead to other improvements on the website.