Wednesday, August 24, 2011

Test Your TTAB Judge-Ability on These Three Section 2(d) Appeals

Let's see if you have what it takes to be the next TTAB judge. Take an educated guess, based on the involved marks and goods, as to the outcomes of these three appeals from Section 2(d) refusals to register. [Answers in comments].

In re Clayton Corporation, Serial No. 77462009 (August 9, 2011) [not precedential]. [Refusal of the mark HOMESEAL & Design (shown below) for "sealants, adhesives, expansion joint fillers and insulation materials in the nature of a spray-applied curable foam for building, construction, repair and maintenance uses" [HOMESEAL disclaimed], in view of the registered mark HOMESEAL in standard character form, for "asphalt, modified asphalt and rubberized asphalt based peel and stick membranes for use on roofing"].

In re Elite Lighting, Serial No. 77799919 (August 10, 2011) [not precedential]. [Refusal to register EQUINOX ARCHITECTURAL PERFORMANCE LIGHTING for "recessed electrical lighting fixtures" [ARCHITECTURAL PERFORMANCE LIGHTING disclaimed], in light of the registered mark EQUINOX for "dimming controls for electric lighting fixtures utilized in commercial and industrial environments"].

In re Tropical Seas, Inc., Serial No. 77830997 (August 12, 2011) [not precedential]. [Refusal to register REEF SAFE for "sun care lotions," in view of the registered marks REEF for "sun block preparations and sun screen preparations" and REEF OIL & Design for "suntan lotion" [OIL disclaimed]].

Text Copyright John L. Welch 2011.


At 6:41 AM, Blogger John L. Welch said...

All three refusals were affirmed.

At 4:33 PM, Anonymous Anonymous said...

Well, I got the first two right... but I would have reversed on the REEF SAFE one in light of the fact that REEF OIL (& Design) and REEF can coexist. That said, "reef safe" sounds like a descriptive phrase to let people know that it stays on while in the water.

At 4:38 PM, Blogger John L. Welch said...

Ah, but REEF and REEF OIL are owned by the same entity. And REEF SAFE is descriptive? Shirley, you jest!

At 10:15 AM, Anonymous Anonymous said...

Descriptive not as previously described but informing consumers that this lotion will not harm the reef as most sunblocks do, it is "reef safe"


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