1. Prosecution Luncheon Trademark
January 2016

2. 10th ed. Of NICE Classification effective Jan. 1, 2016
USPTO
10th ed. Of NICE Classification effective Jan. 1, 2016
TMEP Oct update
USPTO shutdown – Dec
All days considered a “Federal holiday”
Waiver of rule to file electronically to maintain TEAS-PLUS status, won’t incur $50 fee

3. Preclusive effect – B&B Hardware
D. Ct. Maryland dismissed infringement complaint.
TTAB had granted summary judgment in an opposition brought by Ashe against PNC's application, ruling that PNC and not Ashe had priority of use.
The determination of priority in an opposition is the same as for purposes of an infringement claim.
Ashe v. PNC Financial Services Group, Inc., Case No.: PWG (D. Md. November 17, 2015).

4. Applicant failed to produce any pertinent documentation.
Prove Your Bona Fides
Applicant failed to produce any pertinent documentation.
Submitted, website showing the history of the company and its products and services, but marks did not appear on the webpages
Needed: current business plans, ongoing discussions, or promotional activities to corroborate its claim of a bona fide intent.
SJ GRANTED
Tekni-Plex, Inc. v. Selig Sealing Products, Inc., Oppositions Nos and (November 25, 2015) [not precedential].

5. Manuals Aren’t Goods
Aff’d: refusal to register IPOD for [user manuals] as not "goods in trade."
Incidental if item:
(1) is simply a conduit or necessary tool useful only in connection with the primary goods or services;
(2) is so inextricably tied to and associated with the primary goods or services as to have no viable existence apart therefrom; and
(3) is neither sold separately from nor has any independent value apart from the primary goods or services.
In re Apple, Inc., Serial No (November 13, 2015) [not precedential].

6. Small Town ≠ Interstate Commerce?
Opp: FLATIZZA for "pizza," - Applicant operated a single restaurant in Bothell, WA (pop. 35k)
No evidence of:
out-of-state customers.
not listed in any travel or restaurant guide.
No advertising evidence
No evidence that any viewers accessed website,
the business plan and menu mock-ups were for internal use only.
speculation to assume that out-of-state travelers would travel 3 miles off the Interstate to restaurant,
Doctor’s Associates Inc. v. Janco, LLC, Opposition No (January 7, 2016) [not precedential].

7. Prosecution Luncheon Trademark
January 2016