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Search by Issue date range : From 01/22/2018 to 02/21/2018 20 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
01/26/2018 CANC 92064098 Local Foods, LLC v. Foodsmith Bowen Osborn Wellington
Kuczma
Gorowitz [Opinion “By the Board” (Webster)]
Registrant not the owner of mark; Abandon-ment Petition to Cancel Granted in 92064087 on claim of abandonment (Summary Judgment motion, in this case only, Granted to Petitioner on abandonment claim) [Providing healthy food, namely freshly prepared meals consisting primarily of local and organic meat, fish, poultry, vegetables, properly proportioned, for delivery and pickup] NO
01/26/2018 CANC 92064087 Local Foods, LLC v. Foodsmith Bowen Osborn Wellington
Kuczma
Gorowitz [Opinion “By the Board” (Webster)]
Registrant not the owner of mark; Abandon-ment Petition to Cancel Granted in 92064087 on claim of abandonment (Summary Judgment motion, in this case only, Granted to Petitioner on abandonment claim) [Providing healthy food, namely freshly prepared meals consisting primarily of local and organic meat, fish, poultry, vegetables, properly proportioned, for delivery and pickup] (FOOD and LOCAL ORGANIC FRESH disclaimed) [Healthy food, namely freshly prepared meals consisting primarily of local and organic meat, fish, poultry, vegetables, properly proportioned, for delivery and pickup – Class 29] NO
01/26/2018 OPP 91224847 Rolling Fatties LLC v. Rollin Fatties, LLC Cataldo
Ritchie
Heasley*
2(d) Opposition Sustained ROLLING FATTIES [provisioning of food and drink via a mobile truck] ROLLIN’ FATTIES [providing of food and drink via a mobile truck; restaurant services – Class 43] NO
01/22/2018 OPP 91220233 Tyco Fire Products LP v. Globe Technologies Corporation Mermelstein
Shaw
Masiello [Opinion “By the Board” (Myles)]
2(e)(5); 2(f) Both Oppositions Sustained (Summary Judgment granted to Opposer) on 2(e)(5) claim (color claimed as feature of the mark in the first of the two opposed applications) [A heat fusible link for use in fire protection equipment – Class 9] NO
01/26/2018 OPP 91218800 Kimberly-Clark Worldwide, Inc. v. Matosantos Commercial Corp. Taylor Wellington Adlin* 2(a) (false suggestion of connection); 2(d) Opposition Sustained on 2(d) claim [Bathroom tissue – Class 16] (BATHROOM TISSUE disclaimed; includes color claim) [Toilet paper – Class 16] NO
01/31/2018 OPP 91217504 Recreational Equipment, Inc. v. fit GmbH Zervas
Ritchie*
Shaw [Opinion By the Board]
2(d); lack of bona fide intent to use; motion to amend applications Opposition Sustained as to both applications on 2(d) claim (Summary Judgment granted to Opposer) REI [mail order and retail department store services – Class 42] [retail sale of clothing, footwear, outdoor and travel equipment, accessories and publications – Class 35] [various clothing items and footwear – Class 25] [outdoor and sporting goods in Classes 12, 18, 20, 22 and 28] [laundry detergents for washing by hand – Class 3] REI IN TUBE [laundry detergents – Class 3] NO
01/22/2018 OPP 91212425 Tyco Fire Products LP v. Globe Technologies Corporation Mermelstein
Shaw
Masiello [Opinion “By the Board” (Myles)]
2(e)(5); 2(f) Both Oppositions Sustained (Summary Judgment granted to Opposer) on 2(e)(5) claim and NO
01/29/2018 EX 87145451 Proud Wineaux LLC Mermelstein
Adlin
Heasley*
2(d) Refusal Affirmed PROUD WINEAUX [Entertainment services, namely, wine tasting – Class 41] WINEAUX [Wine-related publications – Class 16] C. Moran NO
01/26/2018 EX 87120774 Hy-Vee, Inc. Zervas
Wolfson*
Adlin
2(d) Refusal Affirmed PEACEFUL PIRANHA [Potato chips; processed nuts; snack mix– Class 29][Processed popcorn; corn-based chips; snack mix consisting primarily of pretzels, popcorn, crackers and granola, and also including corn-based cereals and chips, dried fruit, processed nuts, seeds, raisins and chocolate – Class 30] [Nut-based snacks, potato chips, potato chips as snacks; processed nuts – Class 29][Savory ready-to-eat snacks made of extruded corn foodstuffs; puffed corn snacks; cereal-based prepared snacks; corn chips; processed corn, roasted corn; fried corn; popcorn; snack foods made from corn – Class 30] C. Glasser NO
01/31/2018 EX 87116915 Spin80, Inc. Taylor
Wolfson
Lynch*
2(d) Refusal Affirmed CODEGREEN [Nutritional supplements in pill and/or powder form – Class 5] CODE GREEN [Vegetable based food beverages – Class 29] [Fruit beverages – Class 32] J. Cantor NO
02/01/2018 EX 87046638 Shurtape Technologies, LLC Bergsman
Goodman*
Lynch
2(d) Refusal Affirmed on one of two cited registrations SHURSTICK [painters masking tape – Class 17] SHUR-STIK [adhesives for floor tiles and coverings and wall coverings – Class 1] [primers for preparing surfaces to be painted – Class 2] [spackling compounds – Class 19] R. McMorrow NO
01/23/2018 EX 87012024 Funktronic Labs Mermelstein
Bergsman*
Wolfson
2(d); 2(e)(1) & 6(a) Both Refusals Affirmed [Design and development of computer software, computer game software, virtual reality software, and interactive media computer software – Class 42] FUNKITRON [Electronic game programs – Class 9] L. Case NO
02/01/2018 EX 86961428 El Galan, Inc. Taylor
Pologeorgis*
Larkin
2(d) Refusal Affirmed TERNURA [Cigars – Class 34] TERNURA [Liquor; tequila; vodka; wines – Class 33] C. Cahill NO
01/23/2018 EX 86906213 NG Production Films, Inc. Wolfson

Masiello Larkin*
2(d); Rules 2.52 & 2.53 (poor quality mark drawing) Both Refusals Affirmed (PRODUCTION FILMS disclaimed; color claim included) [Film production; video production services – Class 41] NG [television, motion picture and entertainment services, namely the production and distribution of motion pictures and television programs – Class 41] J.B. Regan NO
01/25/2018 EX 86886542 ABRO Industries, Inc. Mermelstein
Wolfson
Lykos*
2(d) Refusal Affirmed POLAR FREEZE [Refrigerant gas for use in automotive air conditioning systems – Class 1] POLAR ICE [refrigeration and air conditioning system chemical additives – Class 1] S. Ferrell NO
01/26/2018 EX 86864631 Bradley K. Lunde Kuhlke*
Kuczma
Coggins
2(e)(1) & 6(a) Refusal Affirmed in absence of required disclaimer of “SUB-WOOFER PROS” (disclaiming SUBWOOFER) [audio speakers; loudspeakers; switch boxes – Class 9] S. Carlyle NO
01/26/2018 EX 86859588 Northeast Builders Supply & Home Centers, LLC Bergsman
Shaw
Hightower*
2(d) Refusal Affirmed as to the Refused Class 35 WD [retail home improvement store services, retail home improvement center store services and retail store services featuring goods for building, home improvement, hardware and lawn and garden care, all the foregoing excluding flooring – Class 35] (WHOLESALE DIRECT and FLOORING disclaimed) [wholesale store services featuring flooring – Class 35] T. Callery NO
01/25/2018 EX 86843035 C.H. Belt & Associates, Inc. Zervas*
Wellington
Gorowitz
2(d) Refusal Affirmed C.H. BELT [frozen fruits; frozen vegetables; preserved fruits; preserved fruits and vegetables – Class 29] BELT [fresh citrus fruit – Class 31] (other cited registration for BELT and design not considered necessary to decision) J. Miranda NO
01/22/2018 EX 86614598 Regina S. Druz Kuczma
Gorowitz*
Coggins
2(d) Refusal Reversed FIT IN YOUR GENES [Medical services, namely providing a program for achieving weight loss; providing a weight loss program involving detox, genetically guided evaluation; holistic care to patients involving genetics - Class 44] [Training and education services related to health, diet, weight loss – Class 41] [Genetic testing related to health, diet and weight loss – Class 44] P. Fahrenkopf NO
02/02/2018 EX 79165769 Louis Vuitton Malletier Lykos*
Shaw
Lynch
2(d) Refusal Affirmed on one of two cited registrations [Perfumery; perfumery products, namely, perfumes; toilet water; eaux de parfum; eaux de Cologne; all of the foregoing for non-professional use and with sales restrictions related to Louis Vuitton Malletier - Class 3] APHOGEE [Hair care lotions; hair conditioners; hair creams; hair mousse; hair oils; hair shampoo; hair sprays; hair styling preparations; hair moisturizers - Class 3] J. McMorrow NO



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