Wednesday, February 08, 2012

Test Your TTAB Judge-Ability on These Four Section 2(d) Refusals

Can you predict the outcome of these four Section 2(d) likelihood of confusion appeals just by looking at the marks and the identified goods, without more? I won't give away the answers, but there's a hint below, in the comment.

In re Pura Vida Tequila, LLC, Serial No. 77853437 (January 10, 2012). Section 2(d) refusal of PURA VIDA for tequila, in view of the identical mark, registered for "brewed malt-based alcoholic beverages in the nature of a beer and beer."

In re Homie International Corporation, Serial Nos. 85005921 and 85006121 (January 17, 2012) [not precedential]. Refusals of HOMIE and HOMIES for athletic bags and backpacks, as being confusingly similar to the registered mark HOMIES & Design for t-shirts and hats.

In re Matthew W. Fitzgerald, Serial No. 77812771 (January 17, 2012) [not precedential]. Section 2(d) refusal of MANN ORCHARDS & Design for pies, bread and pastries, and raw fruits, in view of the registered mark MANN for fresh vegetables.

In re Source Interlink Magazines, LLC, Serial No. 77879157 (January 18, 2012) [not precedential]. Section 2(d) refusal of THE ULTIMATE PUZZLE SOURCE for a "magazine containing puzzles," in view of the registered mark THE ULTIMATE PUZZLE & Design for puzzles.

TTABlog comment: Here's a hint: they all came out the same way.

Text Copyright John L. Welch 2012.


At 9:11 AM, Anonymous Anonymous said...

I am curious as to what makes a beverage "in the nature of a beer"!

At 10:21 AM, Anonymous Reid said...

Affirmed, I presume.

At 11:09 AM, Anonymous Alex B. said...

I believe they were all affirmed.

At 12:45 PM, Anonymous Anonymous said...

Really. All four of these people appealed?

I hope the attorney would advise them in advance of the slim to no chance of winning. (Two of them may be in pro per.)

You have to wonder about the wisdom of filing an appeal on these.

If you are blocked so clearly, does filing an appeal increase the chances of the third party becoming aware of you and now coming after you when you may have been happily using the mark and they did not know about you?


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