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In re Clayton Corporation, Serial No. 77462009 (August 9, 2011) [not precedential].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In re Elite Lighting, Serial No. 77799919 (August 10, 2011) [not precedential].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In re Tropical Seas, Inc., Serial No. 77830997 (August 12, 2011) [not precedential].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.