The Trademark Trial and Appeal Board (Tee-Tee-A-Bee) has scheduled seven (VII) oral hearings for the month of July 2021. The hearings will be held via video conference. Briefs and other papers for each case may be found at TTABVUE via the links provided.
July 13, 2021 - 1 PM: In re Cuup, Inc., Serial No. 88326435 [Section 2(d) refusal of CUUP BODY TALK for "Providing a website featuring non-downloadable articles in the fields of women's apparel, undergarments, fitness, nutrition and wellness" and "Computer services, namely, creating an on-line community for registered and unregistered users to participate in discussions, get feedback from their peers, form virtual communities, upload photographs, and engage in social networking services in the fields of women's apparel, fitness, nutrition and wellness" in view of the registered mark BODYTALK, in standard character and design form, for ""providing information through an electronic communications network in the fields of holistic and alternative healing technique."]
July 14, 2021 - 3 PM: Smokey Island Grille LLC v. The Tai Walker Company LLC and Ty Walker, Inc., Opposition No. 91241481 [Section 2(d) opposition to registration of the mark SMOKEY ISLAND GRILLE JAMAICAN STYLE for "on-line ordering services in the field of restaurant take-out and delivery" and "restaurant, bar and catering services" [GRILLE JAMAICAN STYLE disclaimed], in view of opposer's alleged common law rights in the mark SMOKEY ISLAND GRILLE and an identical logo for restaurant services.]
July 15, 2021 - 1 PM: In re L-Nutra, Inc., Serial No. 87635652 [Section 2(e)(1) mere descriptiveness refusal of FAST DRINK for "Nutritional meal replacement drinks adapted for medical use; herbal teas for medical treatments."]
July 20, 2021 - 1 PM: In re Joy Tea Inc., Serial No. 88640009 [Refusal to register FOR JOY for, inter alia, tea-based beverages containing CBD, on the ground that the goods are per se violations of both the Controlled Substances Act (CSA) and the FDCA, and therefore applicant lacks the required bona fide intent to lawfully use the mark in commerce under Sections 1 and 45.]
July 21, 2021 - 10 AM: In re Signa ES Karim Omega LLC DBA Signa Es Limited Liability Company, Serial No. 88671022 [Refusal to register SIGNA ES for "Advising others concerning investments in intellectual property assets and intangible business assets, both directly and indirectly through other entities" on the ground of failure to provide an acceptable specimen of use.]
July 22, 2021 - 12 PM: Laverne J. Andrusiek v. Cosmic Crusaders LLC, Cancellation No. 92064830 [Petition for cancellation of a registration for the mark CAPTAIN CANNABIS for comic books, on the grounds of nonuse, failure to function as a trademark, fraud, and likelihood of confusion with petitioner's alleged common law rights in the identical mark for comic books.]
July 29, 2021 - 12 PM: In re Edward Kwak, Serial No [Section 2(d) refusal of KINDSKIN for "Cosmetic skin care services; Health spa services, namely, cosmetic body care services; Medical spa services, namely, minimally and non-invasive cosmetic and body fitness therapies," in view of the registered mark KIND HEALTH GROUP for "Medical spa services, namely, minimally and non-invasive cosmetic and body fitness therapies."]
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TTABlog comment: Since TTAB hearings are supposed to be public, shouldn't these video hearings be available for everyone to (at least) hear?
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