Friday, June 10, 2011

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

Here are four appeals from Section 2(d) refusals to register. Three 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.

In re Global Animal Management, Inc., Serial No. 77551179 (May 31, 2011) [not precedential]. Refusal to register the mark GAMTAG & Design (shown above) for "radio frequency identification tags for animals" in view of the registered mark GAMMATAG for "radio frequency identification (RFID) equipment and systems, namely, RFID tags."

In re Cool Tropics, Serial No. 76691918 (June 3, 2011) [not precedential]. Refusal to register RIPS for "fruit juice, not including alcoholic beverages" in view of the identical mark registered for "liquor and liqueur beverages, namely, frozen ready-to drink [sic] alcoholic beverages of fruit."

In re Crosstex International, Inc., Serial No. 77888336 (June 1, 20110 [not precedential]. Refusal to register ULTRA for surgical face masks in view of the registered mark ULTRA SOFT & Design (below) for "face masks for medical, dental and veterinary use."

In re Starr Restaurant Organization, L.P., Serial No. 77424964 (June 3, 2011) [not precedential]. Refusal to register TNT TACOS 'N TEQUILA for bar and restaurant services [TACOS 'N TEQUILA disclaimed] in light of the registered mark T&T TACOS TEQUILA for "carry-out restaurants; restaurant and bar services" [TACOS and TEQUILA disclaimed].

For the answer, read the opinions or see the comments. Would you put one or more of these cases in the WYHA category?

Text Copyright John L. Welch 2011.


At 6:01 AM, Blogger John L. Welch said...

The Board reversed the third case. It found that ULTRA is a weak formative, since it appears in dozens of marks registered in class 10. Since there are so many "ULTRA" marks, each is entitled to only a narrow scope of protection.


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