H.J. Heinz Company sure hopes so. For about five years, it has
been waiting for a result in its favor. It is going to have to wait
a little longer, and may need more than patience, for that
result.
In 2010, Promark Brands, Inc.,1 the owner of several
registrations for the mark SMART ONES for use in connection with
frozen food meals, popped this case in the oven and opposed
registration of the mark SMART BALANCE for use in connection with a
variety of frozen food appetizers and entrees on the grounds of
likelihood of confusion and dilution. Applicant GFA Brands, Inc.
responded, and the parties litigated all the way through an oral
hearing, which took place just over a year ago. In March, the
Trademark Trial and Appeal Board (the "TTAB") put a fork
in the case and declared it done, ruling in favor of Promark/Heinz,
finding no likelihood of confusion or dilution. We are reheating
the leftovers three months later because last week Heinz filed a
complaint for de novo revie
