Get the free THIS DISPOSITION IS NOT CITABLE AS PRECEDENT OF THE TTAB Mailed: September 6, 2006 B...

THIS DISPOSITION IS NOT CITABLE AS PRECEDENT OF THE STAB Mailed: September 6, 2006, Butcher UNITED STATES PATENT AND TRADEMARK OFFICE Trademark Trial and Appeal Board Chestnut Petroleum Distributors,

BRIEF BACKGROUND MacGregor, MacGregor & Walker were counsel for the applicant, the applicant's trademark owner Chestnut Petroleum Distributors, Inc. In its opposition to the applicant's opposition, the applicant asserted that Gotta Java, Inc. had been using the mark “Gotta' JAI Alien” since 1998. 2 It also asserted that it had registered “Gotta' Java, Inc.” with the Office of the United States Trademark Registrar as early as 1988, and that its marks were registered in the Eastern District of Texas and in the United States District Court for the Northern District of Texas. Chestnut Petroleum also urged the Board to deny the application and maintain the rejection for three reasons: 1. It claimed that the applicant's use of the Marks was not authorized by any registration mark; 2. The applicant has used the Marks to create confusion or as a misdirection scheme or as the design of a consumer product or commodity or as trademark infringement; and 3. The applicant's use of the Marks has been contrary to the public interest. 3 The issues of the application and the Opposition both relate to registration. 4 In his Opposition, Gotta Java, Inc. argued: That as a matter of law, the applicant's use of “Gotta' Java,” as applied to the cans, jars, and jars of coffee, tea, or other beverages, is not for the purpose of indicating the nature or source of the product contained therein, to be used in the form of tea, coffee, hot cocoa, or similar products, and is not a trade dress. Moreover, even the most cursory reading of the specification and the accompanying appended specification sheet reveals the plain and ordinary meaning of “Gotta' Java,” and clearly establishes the meaning of “JAI Alien.” The term, “Gotta' Java” is intended to denote the cans or jars of coffee, tea, hot chocolate, or other beverages, and to be applied to such cans or jars to designate the use made of those cans or jars as a can or jar, as a symbol or to identify as such the products contained therein. It is also intended to designate both the can or jar and what is contained therein, and the use or purpose therefor. The term “JAI Alien” does not indicate the nature or source of the contents contained therein. Nor does it identify any specific kind of product, commodity, product design, or consumer product.

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