Test Your TTAB Judge-Ability on these Five Section 2(d) Appeals
Some say that one may predict the outcome of a Section 2(d) likelihood of confusion case just by looking at the marks and the goods or services involved. Once again, let's put that theory to the test with the five Section 2(d) appeals summarized below. How do you think these came out? By the way, do you see any "WYHA?" cases here?
In re John Shope, Serial No. 77671449 (June 22, 2012) [not precedential] [Refusal of JOHN SHOPE'S SINISTER INDUSTRIES for motorcycles and structural parts and motorcycle customization and maintenance services [INDUSTRIES disclaimed], in view of the registered mark SINISTER CYCLES for "retail store services featuring motorcycle parts and accessories" [CYCLES disclaimed].
In re Restoration Hardware, Inc., Serial No. 85064187 (June 21, 2012) [not precedential]. [MAXWELL for "leather furniture, namely, chairs, loveseats, couches, sofas, sleeper sofas, ottomans, chaise lounges," refused registration over MAXWELL and MAXWELL HOME & GARDEN, owned by one entity, for fabric products, including upholstery fabric, chair covers, throws, and cushion covers].
In re Delta Dental of California, Serial No. 77921755 (June 21, 2012) [not precedential]. [Refusal of MY SMILEKIDS (in standard character form) for "providing a website featuring information in the field of dental care; providing information in the field of dental care;" in view of the registered mark MYSMILE for “providing health information"].
In re Targus Information Corporation, Serial No. 77954823 (June 15, 2012) [not precedential]. [WHO’S CALLING ME? (in standard character form) for "application service provider in the field of nondownloadable software featuring information about inbound calls made through cellular phones, telephones," in view of the registered mark WHO'S CALLING, in standard character and design form, for call tracking software and services].
In re Annabelle’s Natural Ice Cream & Yogurt, Inc., Serial No. 85152285 (June 14, 2012) [not precedential] [Refusal to register the mark shown below [NATURAL ICE CREAM disclaimed] for "ice cream," in light of the registered mark ANNABELLE’S for "confectionery, namely candy"].
TTABlog hint: They all came out the same way.
Text Copyright John L. Welch 2012.