Tuesday, June 21, 2011

Test Your TTAB Judge-Ability: Which of these Three Section 2(d) Refusals Did the TTAB Reverse?

By my estimate, the Board affirms about 80% of the Section 2(d) refusals that it reviews. Here are three appeals from Section 2(d) refusals, two of which were affirmed by the Board, one was reversed. Let's see if you come up with the same results based on a quick look at the marks and goods/services involved. [See comments for answer].

In re NuVision U.S., Inc., Serial No. 77720572 (June 10, 2011) [not precedential]. Refusal to register the mark FLATSCREEN CONNOISEUR for "home theatre products, namely televisions, LCD televisions, plasma televisions, flat panel televisions and DVD players," in view of the registered mark CONNOISSEUR for "sound equipment, namely, loudspeakers."

In re F5 Networks, Inc., Serial No. 77816180 (June 8, 2011) [not precedential]. Refusal to register EDGE GATEWAY for goods identified as "computer networking hardware; computer software for use in enhancing, optimizing, securing, accelerating, monitoring, and managing computer network traffic and applications communicating across networks," over the registered mark GATEWAY for "computers and computer peripherals."

In re Sharecare Inc., Serial No. 77666496 (June 7, 2011) [not precedential]. Refusal to register SHARE CARE for "providing a wide range of information in traditional fields of health, healthcare, medical treatments, and medicine via a global computer network," in view of the registered mark SHARECARE for "courses of instruction in craniosacral therapy offered to individuals who have little or no prior knowledge of anatomy or physiology."

Text Copyright John L. Welch 2011.


At 6:08 AM, Blogger John L. Welch said...

The Board reversed the SHARECARE refusal: "none of the evidence of record supports a finding that there is a relationship between applicant’s traditional health and medical information and registrant’s [alternative medicine] craniosacral therapy instruction."

At 12:37 PM, Anonymous Anonymous said...

Yay I got it right!!!!!!


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