Recent Notice of Opposition proceedings or extensions of time that have been filed in the past week include the following:
Opposition No. 91203542: Urban Outfitters v. Urban Outlet
Here, the hip urban retailer seeks to prevent registration of the trademark Urban Outlet, by the company of the same name. The opposition alleges that the applicant's URBAN OUTLET mark for retail discount store services is likely to cause confusion with Opposer's well-known URBAN OUTFITTERS and URBAN RENEWAL marks for a wide variety of fashion and accessories goods and services. While it is doubtful that Urban Outfitters wishes to have any other third-party "urban"-ites on the block, it would be interesting to see the number of third-party registrations and common law uses of "Urban" associated with fashion merchandising and accessories.
Opposition No. 91203544 Bear Republic Brewing Co., Inc. v. Race Cat GmbH
Opposer is the owner of mutlple trademark registrations for RACER 5 and RACER 5 INDIA PALE ALE for beers and ales and is opposing Applicant's RACE CAT mark for numerous alcoholic and non-alcoholic beverages, including beers. The alleged grounds is confusing similarity pursuant to Section 2(d) of the Trademark Act. Seems like the Applicant has many options available to it, including either fighting the opposition or seeking to narrow its identification of goods.
Extensions of Time:
Anheuser Busch LLC /Julie Ann Associates LLC Proceeding No. 85272723
This case presents yet another example of a large company considering whether to file an opposition against anything that contains a prefix or suffix of its well-known registered trademarks (think "Mac" for McDonald's®, or "Snap" for Kellogg's®). Here, Anheuser Busch, the owners of the famous Budweiser® beer, apparently does not like the fact that Applicant has filed for the mark PLAYBUD for a magazine featuring hemp and cannabis. Question: just which connotation of "bud" does Anheuser Busch object to? Best bet is the beer.
McDonald's Corporation /American Mastertech Scientific -Proceeding No. 85320201
McDonald's has filed an extension of time to oppose the Applicant's mark for McDONALD'S GRAM STAIN KIT for diagnostic preparations for medical use. Does McDonald's corporation have a case? Probably not, unless it can show that diagnostic preparations are now considered a form of food or beverages fit for human consumption.
McDonald's Corporation v. MacSports Inc. - Proceeding No. 85087738
Here, McDonald's wants time to consider whether to file a trademark opposition against MacSports for its application of MAC PATIO for patio furniture. MacSports seems to have some good possible arguments at its disposal.
Additional extensions of time filed in the past week include:
American Heart Association/Henry Clark Stroke Foundation - Proceeding No. 85349971
- Trademark: STROKE NO JOKE
Wineslingr LLC/Russell D. Kane - Proceeding No. 85351159
- Trademark: WINESLINGER
Shakelee Corporation/Lalo 4074 LLC - Proceeding No. 85365644
- Trademark: CINCH
Johnson & Johnson/AFN Broker LLC - Proceeding No. 85401549
- Trademark: FAIR AND CLEAR