In this new feature, Before the Board will look at the notable TTAB opposition and cancellation proceedings initiated at the Trademark Trial & Appeal Board. A lot of attention is paid to the “final” decisions of the TTAB, but here is a taste of the day to day workings of the TTAB.
Pirelli opposes ‘MARTHA’ trademark for tires
Italian tire company Pirelli, owner of the MARATON registration for tires, filed a Notice of Opposition against Omni Unites’ application for MARTHA for tires. The goods are identical and the applicant’s mark shares five letters with Pirelli’s mark. However, both marks are actual “words,” which may help establish different commercial impressions. Link to Proceeding – January 26th,2015.
SoulCycle opposes ‘ALL SOUL’ trademark for apparel
SoulCycle is the latest fitness craze, combining classic stationary cycling with loud music and lights. SoulCycle, owner of the SOUL registration for apparel, filed a Notice of Opposition against a third parties’ application for ALL SOUL design for apparel. It will be interesting to see if the highly stylized ALL SOUL design alleviates a likelihood of confusion. Link to Proceeding – January 26, 2015.
Plenty of Fish opposes ‘Plenty of Beads’ trademark for a dating web site
There’s a dating website for everyone. The owner of the PLENTY OF FISH registration for dating services filed a Notice of Opposition against an application for PLENTY OF BEARDS for dating services. Link to Proceeding – January 27, 2015.
Rugby World Cup opposes ‘Red Zone Rugby’ and ‘Rugby Tough’ trademark filings in apparent attempt to own the word ‘Rugby’
The hard-hitting Rugby World Cup Limited, owners of the RUGBY WORLD CUP registration, filed a Notice of Opposition against two different parties using the word “rugby,” RED ZONE RUGBY and RUGBY TOUGH. Does Rugby World Cup Limited believe it owns rights in the word “rugby” for goods and services related to the rugby sport? Link to Proceedings – 1 – 2 (January 28, 2015)
Making money on Da Vinci: Owner of ‘VINCI’ mark for oil paints opposes ‘DOH VINCI’ mark for modeling clay
Dixon Comercializadora, owners of the VINCI mark for oil paints and water colors opposed Hasbro’s application for DOH VINCI for modeling clay. Both companies are playing homage to one of the greatest artists in history – although the next great artist probably won’t use play-doh as his or her preferred canvas. Link to Proceeding – January 28, 2015.
P&G engaged in trademark battle over ‘Mr. Clean’ trademark
In a strange factual case, an importer filed a Notice of Opposition against Proctor & Gamble’s application for MAESTRO LIMPIO (or, Mr. Clean, in English) based on its alleged use of the mark in common law. From past proceedings, it looks like this importer is claiming rights based on years of importing of the cleaning solution from South America. In 2013, P&G filed a petition to cancel the importer’s previous registration for MAESTRO LIMPIO, which the TTAB granted after issues sanctions against the importer for failure to produce discovery. Link to Proceeding – January 28, 2015.
Red Bull files opposition to a trademark application for ‘OLD OX BREWERY’ for a brand of beer claiming that consumers would think OLD OX was related to Red Bull
Energy Drink Giant Red Bull filed a Notice of Opposition against a brewery’s OLD OX BREWERY application. Would you think of Red Bull if you were buying a beer called OLD OX? Link to Proceedings – January 28, 2015.