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Search by Issue date range : From 06/22/2017 to 07/22/2017 38 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
06/28/2017 CANC 92061428 Send It v. Ryan Gruidel, Dalton Gruidel and Cole Kramer Cataldo*
Ritchie
Adlin
45 Abandonment Petition to Cancel Granted in Part, as to Class 16, but Denied as to Class 25 SEND IT [charitable fundraising services, with the funds raised being for use in providing outdoor activities for children with cancer; clothing, namely, T-shirts, tank tops, hats; stickers] SEND IT. (with design) [Stickers (Class 16)] [Hats, jackets, pants, shirts, snowboard jackets (Class 25)] NO
06/30/2017 CANC 92060449 Advanced California Innovative Institute, Inc. v. American Cambridge Institute Kuhlke
Ritchie*
Shaw
ownership of the mark; 2(d); Fraud Petition to Cancel Granted on ownership claim ACi CollegePrep Since 1987 www.ACI-prep.com (with design); and ACi Institute www.ACI-prep.com SOUTHERN CALIFORNIA INSTITUTE (rendered in Chinese characters; with design) [mentoring in the field of Math and English; providing kindergarten through 12th grade classroom instruction; providing mentoring, tutoring, classes, seminars and workshops in the field of attaining higher education; providing motivational and educational speakers; conducting distance learning (Class 41)] ACI INSTITUTE (“INSTITUTE” disclaimed); and SOUTHERN CALIFORNIA INSTITUTE (rendered in Chinese characters; non-Latin characters that mean “INSTITUTE” disclaimed); both for [Printed instructional, educational, and teaching materials in the field of English, math, and standardized test preparation (Class 16)] and [Educational services, namely, conducting 2nd grade through 12th grade courses of instruction and tutorial services in the field of English, math, standardized test preparation, and college application assistance and distribution of educational materials in connection therewith (Class 41)] NO
06/22/2017 CANC 92056703 3 Square, Inc. v. San Pasqual Casino Development Group, Inc. Wolfson
Shaw
Heasley*
2(d); affirmative defense of laches Petition to Cancel Granted as to each registration; Laches not established BLD (in block letters and stylized form) (common law rights asserted; both for) [restaurant and catering services) BLD [restaurant services (Class 43)]; and BLD’S [Bar and restaurant services (Class 43)] NO
07/05/2017 OPP 91226398 Mylan Inc. v. Medikit, LLC Quinn
Shaw
Larkin [Opinion “By the Board” ( Baxley )]
2(d); Breach of prior settlement agreement Opposition Sustained (Summary Judgment Granted to Opposer on ground of breach of prior settlement agreement) Numerous registrations for EPI-formative marks including EPIPEN [injectable pharmaceuticals for treatment of anaphylactic reactions to insect stings (Class 5)] EPI-KIT [injectable pharmaceuticals for treatment of anaphylactic reactions (Class 5)] NO
06/28/2017 OPP 91222461 Victoria Kheel v. Lions Gate Entertainment Inc. Kuhlke
Wellington
Greenbaum [Opinion “By the Board” (English)]
2(d); Fraud; Petitioner not owner of mark (for the counter-claim) Counter-claim Petition to Cancel Dismissed (summary judgment granted to Opposer on counter- claim); Summary judgment denied to Applicant on Fraud POPPY’S [Various cleaners, soaps, detergents, including bath soaps, hand soaps, and soaps for personal use (Class 3)] POPI [Cosmetics; cosmetic preparations for body care; nail polish; nail decals; bath crystals; bath gel; bath oil; bath salts; body lotion; cream soaps; fragrances; moisturizing creams; shaving soap; soaps for personal use (Class 3)] NO
06/30/2017 OPP 91221465 Kiko S.p.A. v. Kokie Cosmetics, Inc. Kuhlke
Wellington*
Gorowitz
2(d) Opposition Sustained as to both application KIKO [perfumes; cosmetics; creams, lotions, oils; makeup creams and removers; bath salts, foams and oils; hair lotions and shampoos (Class 3)] KIKO [Make-up for women (Class 3)] KIKO MAKE UP MILANO (“MAKE UP MILANO” disclaimed) [perfumes; cosmetics; creams, lotions, oils; makeup creams and removers; bath salts, foams and oils; hair lotions and shampoos (Class 3)] [various retail store services, excluding goods for infants and children up to 11 years old (Class 35)] KOKIE and KOKI both for [Cosmetics; nail polish and nail care preparations; blush; blush pencils; eye cream; eye pencils; eye shadow; facial cleansers; foundations; lip gloss; lipstick; mascara; shower gels; skin cream (Class 3)] NO
07/06/2017 OPP 91216812 Gruma, S.A.B. de C.V., and Azteca Milling, L.P. v. Instamasa Sociedad Anonima Kuhlke
Kuczma*
Pologeorgis
2(e)(1) Merely descriptive and/or deceptively misdescriptive Opposition Dismissed Insta Masa (with design; “Masa” disclaimed) (“The English translation of “Masa” is “dough.”) [Coffee, tea, cocoa and artificial coffee; rice; tapioca and sago; flour and preparations made from cereals, namely, tortillas, tamales, arepas; bread, pastry and confectionery, namely, corn chips and waffle rolls; ices; sugar, honey, treacle; yeast, baking-powder; salt; mustard; vinegar, spices; ice (Class 30)] NO
06/28/2017 OPP 91214199 Brock v. Turner Richey
Ritchie*
Gorowitz
2(d) Opposition Sustained HAWKWIND [Live performances by a musical group] NIK TURNER’S HAWKWIND [Entertainment services, namely, live musical performances by an individual or musical group (Class 41)] NO
06/29/2017 EX 87216505 Worldwise, Inc. Lykos
Greenbaum*
Heasley
2(e)(1) Refusal Affirmed as to each class CATNIP INFUSION TECHNOLOGY [Pet travel bags (Class 18)] [Pet furniture, scratching posts and pads (Class 20)] [Cat litter boxes, liners pans and scoops; pet feeding and drinking bowls Class 21)] [Cat toys (Class 28)] R. Buker NO
06/29/2017 EX 87154425 Timothy R. Delaney Wellington
Gorowitz
Pologeorgis*
2(d) Refusal Affirmed C&BSCENE [Sunglasses and spectacles (Class 9)] SEE N BE SEEN [Eyeglass cases, chains, cords, frames; eyeglasses, reading glasses, sunglasses (Class 9)] L. Golden NO
06/29/2017 EX 87028911 Linda Morse Zervas
Ritchie
Adlin*
2(d) Refusal Affirmed GAIA ACUPUNCTURE (“ACUPUNCTURE” disclaimed) [Acupuncture services, not including energy healing, sound healing, shamanic, hypnotherapy, or psychotherapy services (Class 44)] GAIA SKY [Providing in person energy healing services, Shamanic, hypnotherapy, psychotherapy, and sound healing (Class 44)] K. Schwarz NO
07/07/2017 EX 86937069 ABK Betriebs-gesellschaft der Aktienbrauerei Kaufbeuren GmbH Kuhlke
Adlin
Heasley*
23(c) and 45 (generic) Refusal Affirmed ROSE [Beer based mixed beverages (Class 32)] M. Wright NO
06/29/2017 EX 86889502 TNT Pro Series LLC Zervas
Bergsman*
Masiello
2(d) Refusal Affirmed TNT PRO SERIES (“PRO SERIES” disclaimed) [Exercise equipment, namely, exercise bands; waist trimmer exercise belts (Class 28)] TNT FITNESS (stylized) (“FITNESS” disclaimed) [Consulting services in the fields of fitness and exercise; physical fitness training services (Class 41)] S. Chadab NO
07/06/2017 EX 86855354 Trilliant Food and Nutrition, LLC Quinn
Adlin
Hightower*
2(d) Refusal Affirmed ENRG [Coffee for use in single-serve brewing machines (Class 30)] EnerG (with design; “ENERGY” disclaimed) [coffee and tea (Class 30)] S. Hopkins NO
06/29/2017 EX 86850027 Jean-Claude Boisset Wines U.S.A., Inc. Bergsman
Adlin
Pologeorgis*
2(d) Refusal Affirmed LE CABARET SAUVIGNON (“SAUVIGNON” disclaimed) [Alcoholic beverages except beers; wines (Class 33)] CABARET ROSE (“ROSE” disclaimed) [Wine (Class 33)] C. Alvarez NO
06/22/2017 EX 86814197 Morgan Pipes, Inc. Quinn
Adlin*
Heasley
2(d) Refusal Affirmed BONES [a variety of smoking pipes and pipe-related smokers’ articles, including, paper, pouches, tampers, tobacco, pipe cleaners and pipe racks (Class 34)] MR. BONES [smokers articles, namely, cigars, cigarettes, cigar and cigarette lighters not of precious metal, matches and humidors (Class 34)] C. Nunley NO
06/28/2017 EX 86802355 Armadahealth, LLC Quinn*
Kuczma
Heasley
2(e)(1) and 6(a) disclaimer requirement Refusal Reversed in each application [various physician referral and scheduling services (Class 35)] and M. Engel NO
06/30/2017 EX 86801930 BK Racing, LLC Taylor
Wolfson*
Larkin
2(d) Refusal Affirmed in Part, as to Class 25, but Reversed as to Class 28 26 (in stylized form) [various clothing items (Class 25)] [various toys, games and play sets (Class 28)] (both classes specified as “relating to motorsports racing and marketed as goods associated with a stock car racing team”) 26 INTER-NATIONAL (“INTER-NATIONAL” disclaimed) [Apparel, namely, sweaters, knit tops and jackets (Class 25)]; and 26! (with design) [educational card games (Class 28)] B. Lee-Richardson NO
06/22/2017 EX 86789970 Fetzer Vineyards Wellington*
Adlin
Heasley
2(d) Refusal Affirmed HOODWINKED [wine (Class 33)] HOODWINKED [beer (Class 32)] A. Khan NO
06/26/2017 EX 86782228 Kenneth Keys and Charlotte Oliver Taylor
Heasley*
Coggins
2(d) Refusal Affirmed WATCH OUT WATCHES (“WATCHES” disclaimed) [Personal protective watches with personal safety alarm system, not including watch bands and straps (Class 14)] WATCHOUT! [watch bands and straps (Class 14)] R. Clark NO
06/28/2017 EX 86757066 KCI Licensing, Inc. Bergsman*
Gorowitz
Pologeorgis
2(d) Refusal Affirmed iOn Healing (with design) [Downloadable software for providing information related to the provision of wound care services (Class 9)] [Software as a service for providing information related to the provision of wound care services (Class 42)] ION [Application service provider in the field of medical records, health information, and providing remote access thereto (Class 42)] N. Nguyen NO
07/06/2017 EX 86746143 Yuzu Labs Public Benefit Corporation Shaw
Masiello*
Goodman
2(e)(1) Refusal Affirmed SITECONNECT [Providing temporary use of a non-downloadable web-based software platform that enables users to locate and connect with clinical research sites for the purpose of participating in clinical research studies; providing temporary use of a non-downloadable website featuring a software platform that enables users to locate and connect with clinical research sites for the purpose of participating in clinical research studies (Class 42)] S. Paquin NO
07/06/2017 EX 86737035 Ironclad Performance Wear Corp. Cataldo
Wellington*
Adlin
2(d) Refusal Affirmed IVE [Protective work gloves (Class 9)] EB & IVE [jewelry and watches (Class 14); [wide variety of clothing items Various clothing items, including belts, crops, hoods, jackets, jerseys (Class 25)] J. Gagliardi NO
07/07/2017 EX 86720832 Spatz Laboratories Quinn
Kuhlke*
Cataldo
2(d); 2(e)(1) and 6(a) Refusal Affirmed on both grounds SUPER SHOCK CHEEK [Blush, skin bronzer, highlighters for cosmetic use (Class 3)] SUPER SHOCK [Mascara (Class 3)] R. McDorman NO
06/22/2017 EX 86718537 Lululemon Athletica Canada Inc. Quinn
Kuhlke
Bergsman*
1, 2 & 45; 2(f) Refusal Affirmed A design described as “a three-dimensional configuration of a rectangular-shaped yoga mat having one corner being curved and the remaining three corners being right angles.” [yoga mats (Class 28)] S. Sherman NO
06/28/2017 EX 86713902 Armadahealth, LLC Quinn*
Kuczma
Heasley
2(e)(1) and 6(a) disclaimer requirement Refusal Reversed in each application TOPDOC CONNECT (with and without design) both for M. Engel NO
06/28/2017 EX 86702329 VCM Products LLC Mermelstein
Masiello Hightower*
2(d) Refusal Affirmed Based on BUG BAND BUGGYBANDS [Insect repellants contained in bracelets, arm bands and leg bands (Class 26)] BUG BAND and BUGBAND (with design) both for [insect repellants (Class 5)] J. Gartner NO
06/30/2017 EX 86659769 UsedSurf Inc. Shaw*
Goodman
Coggins
2(e)(1) Refusal Affirmed USEDSURF [On-line retail store services featuring new, used and custom surfboards, new and used surfboard accessories, fins, leashes, board bags, wetsuits, traction pads, surf racks, hats, cloths, and wax; Retail store services featuring new, used and custom surfboards, new and used surfboard accessories, fins, leashes, board bags, wetsuits, traction pads, surf racks, hats, cloths, and wax (Class 35)] A. Hesik NO
06/26/2017 EX 86616418 Componentlab Inc. dba Outreach Wellington*
Hightower
Larkin
2(e) (1) Refusal Affirmed in each application; marks will proceed to registration on Supple-mental Register [Providing non-downloadable software for use in marketing database management and management of direct marketing communications, namely, email and telephone marketing; providing non-downloadable software for use in management of sales contacts databases (Class 42)]; and L. Papale NO
06/26/2017 EX 86616413 Componentlab Inc. dba Outreach Wellington*
Hightower
Larkin
2(e) (1) Refusal Affirmed in each application; marks will proceed to registration on Supple-mental Register OUTREACH L. Papale NO
06/23/2017 EX 86547304 Zullman Nimis Alfonso Wellington*
Ritchie
Goodman
2(d) Refusal Affirmed J. CASANOVA [Eyewear and eyewear accessories, including, eyeglasses and ophthalmic frames and cases therefor (Class 9)] CASANOVA (and design) [eyeglasses; frames, lenses and cases for eyeglasses (Class 9)] I. Pyo Lee NO
07/05/2017 EX 86505570 Sansa Corporation (Barbados) Inc. Kuhlke*
Gorowitz
Coggins
2(d) Refusal Affirmed on each cited registration KICK [Mouthpieces and carrying cases for nicotine powder inhalation devices; Cartridges sold filled with dry powder nicotine preparations and tobacco substitutes; Flavored and non-flavored dry powder nicotine preparations for use as a tobacco substitute; Tobacco substitutes (Class 34)] KICK [Cigarettes (Class 34)]; KICK [drop-in microprocessor module that regulates power output in electronic tube devices, including in electronic cigarettes (Class 9)]; and [drop-in microprocessor modules that regulate power output sold as a component of electronic cigarettes (Class 34)] K. Vanston NO
06/23/2017 EX 86456988 Sears Brands, LLC Zervas
Masiello
Goodman*
2(e)(1) Refusal Affirmed as to both classes of goods and services LIQR [Computer application software for mobile phones, portable media players, and handheld computers, namely, software for ordering and purchasing alcoholic products; computer e-commerce software to allow users to perform electronic business transactions via a global computer network (Class 9); On-line retail store services featuring alcoholic products; on-line retail store services through direct solicitation by manufacturers, distributors and retailers directed to end-users featuring alcoholic products (Class 35)] E. Sirignano NO
07/06/2017 EX 86441404 IM Brands, LLC Greenbaum
Goodman
Pologeorgis*
2(e)(1) and 6(a) Refusal Affirmed in absence of disclaimer ISAAC MIZRAHI CRAFT (“CRAFT” disclaimed) [Yarn (Class 23)] K. Dindayal NO
07/05/2017 EX 86350072 Pan American Properties, Corp. Kuhlke
Adlin*
Coggins
2(d) Refusal Affirmed G SHOT (SHOT disclaimed) [Alcoholic beverages except beer; Prepared alcoholic cocktail (Class 33)] G-SHOT [Non-alcoholic energy drinks containing red ginseng (Class 32)] A. Rosen NO
06/28/2017 EX 86092589 Williams-Sonoma, Inc. Zervas*
Taylor
Wellington
2(d) Refusal Affirmed MANHATTAN [Upholstered furniture (Class 20)] MANHATTAN CABINETRY (“CABINETRY” disclaimed) [custom designed and crafted furniture (Class 20)] L. Mayes NO
06/28/2017 EX 85179618 Red Lobster Hospitality LLC Wolfson
Gorowitz*
Masiello
2(e)(1) and 6(a) disclaimer require-ment Refusal Affirmed in each application, in the absence of disclaimer FRESH FISH – LIVE LOBSTER (each with design but in differing colors) J. Beverly NO
06/28/2017 EX 85179591 Red Lobster Hospitality LLC Wolfson
Gorowitz*
Masiello
2(e)(1) and 6(a) disclaimer require-ment Refusal Affirmed in each application, in the absence of disclaimer RED LOBSTER J. Beverly NO



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