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The USPTO remains open for business as normal during the partial Federal government shutdown.  According to the USPTO, the agency can use prior-year fee collections to continue normal operations for a few weeks. If these funds are exhausted before the government reopens, however, the USPTO may have to shut down at that time, except for a small staff that will continue handling new applications and IT infrastructure.  For further information regarding adjustments to the USPTO’s operating status, it is important to monitor the USPTO website.

The TTAB sustained Modern House of Wine LLC’s (“Petitioner”) petition to cancel (Cancellation No. 92058885) Hidden Wineries Inc.’s (“Registrant”) registration for the mark THANK YOU for wines in Class 33 on the grounds of void ab initio and abandonment. Registrant has filed an appeal to the U.S. District Court for the Northern District of California (Case No. 3:18-cv-02174), which is pending.

Continue Reading TTAB ON APPEAL: THANK YOU for Wine

Zheng Cai (“Registrant”) filed a notice of appeal before the Court of Appeals for the Federal Circuit (“Federal Circuit”) on March 12, 2018 (Case No. 2018-1688), seeking review of the Board’s final decision in Diamond Hong, Inc. v. Zheng Cai DBA Tai Chi Green Tea Inc. (Cancellation No. 92062714). In that case, the Board sustained Diamond Hong, Inc.’s (“Petitioner”) petition to cancel Registrant’s TAI CHI GREEN GEA WU DANG & Design mark shown below for “green tea; tea; tea bags,” on the ground of likelihood of confusion with Petitioner’s registered mark TAI CHI & Design shown below for “processed herbs; processed ginseng used as an herb; herbal food beverages; royal jelly for food purpose; and tea.”

Continue Reading TTAB ON APPEAL: The Fight Over TAI-CHI for Tea Before the Federal Circuit