SWATCH and Samsung Battle Over SWA Wearable Tech Mark and More New and Noteworthy Filings with the TTAB

By Josh Gerben, Esq.

So far, July has been a steady month at the Trademark Trial & Appeal Board. 302 trademark notice of oppositions and cancellation petitions were filed from July 1^st to July 16th. The July filing numbers are almost identical to June’s for the same range. In June, 298 proceedings were filed. A note on formatting – if multiple marks appear in the Applicant/Opposer field, duplicate marks are likely design marks.

This week features a heavyweight battle between Samsung and SWATCH over Samsung’s proposed SWA mark for wearable technology. Frequent plaintiff MONSTER ENERGY filed four more oppositions this month against a variety of products (none of them energy drinks.)

HEAVY HITTERS

This year, watch company SWATCH has sparred with Apple over SWATCH’s ‘I POP’ mark for apparel. Now SWATCH has filed an opposition against Samsung’s application for SWA for wearable-tech-related goods on the basis of likelihood of confusion, dilution and that Samsung does not have a bona fide “intent-to-use” the mark. According to the application, SWA stands for “Samsung Wearable Application” processor.

The owners of SWISS ARMY filed an opposition against the applicant for the SWIZA mark for apparel and bags. SWIZA shares the first syllable and first three letters with the opposer’s SWISS formative mark for similar products. In addition to likelihood of confusion SWISS ARMY is claiming that the “term SWIZA is aurally identical to the Spanish word for Switzerland, namely, SUIZA” and claim that the mark is either geographically descriptive or misdecriptive.

3M, known for its office supplies and construction products, filed an opposition against artist DI3M for entertainment services, on the basis of likelihood of confusion and dilution of the 3M brand. DI3M appears to stand for DIEM, the accusative case of the noun dies “day,” most widely used in connection with the phrase carpe diem. Does DI3M create a different commercial impression than 3M?

TTAB FREQUENT FILIERS

These proceedings involve companies who frequently file proceedings with the TTAB. Effective policing of a company’s marks is an important part of establishing a strong brand. However, sometimes companies can take it a little too far…

Monster Energy filed a trademark opposition against a wine company seeking to register SEXY BEAST for “wine” based on Monster’s BEAST-formative marks.

Monster Energy also opposed MONSTER and MONSTER MOBILE for a variety of construction equipment and industrial products.

Monster Energy filed a third opposition against MONSTER KONG NACHOS for restaurant services.

Monster Energy filed a fourth opposition this month against RELEASE YOUR INNER MONSTER for coffee.

BEER, WINE AND ALCOHOL

As the craft beer and small-batch alcohol movement comes into the mainstream, there are frequent disputes about the names of breweries, wineries, distilleries, beverage names, labels and just about any other source identifier.

Full Sail Brewing filed an opposition against Bird Brain Brewing based on the ownership of SESSION for beer. Within the industry, a “session” ale is a low-alcohol version of typically higher-ABV beers.  In light of the boom of micro- and craft breweries in the United States, can Full Sail’s SESSION marks survive?

MISCELLANEOUS (AND FUN) FILINGS

Nice try, The Night Run, Inc. The Night Run was able to get its SUPERB OWL mark for running events passed the USPTO examiner, but it did not escape the watchful eye of the highly litigious National Football League. If you shift the space over one in SUPERB OWL, it becomes SUPER BOWL.

• SHARE THIS ARTICLE ON:

Josh Gerben, Esq.

Josh Gerben, Esq. is the founder and principal of Gerben IP. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 7,300 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.