Test Your TTAB Judge-Ability: Which One of these Section 2(d) Refusals Was Reversed?
Readers did well on Wednesday's mere descriptiveness test. So try your skill on these five Section 2(d) appeals. As previously noted, some say that one may predict the outcome of a likelihood of confusion case just by looking at the marks and the goods or services involved. How do you think these five cases came out? By the way, do you see any "WYHA?" cases here?
In re Insurance Auto Auctions, Inc., Serial No. 77663407 (July 5, 2012) [not precedential]. [I-BID LIVE for “providing real-time online auction services, namely allowing potential buyers of salvage vehicles to bid in real time over the internet along with other live and internet bidders” [LIVE disclaimed] refused registration over the mark shown immediately below for "computerized on-line retail store services in the fields of automotive collectibles, memorabilia, and apparel; [and] organization of internet auctions” [MOTORS disclaimed]].
In re Shurtech Brands, LLC, Serial No. 85171209 (July 5, 2012) [not precedential]. [Refusal of SHAPE for “painter's masking tapes in roll, sheet and pad form for use in painting interior building walls and woodwork,” in view of the identical mark for “paints and lacquers”]
In re Airborne Athletics, Inc., Serial No. 76699839 (July 2, 2012) [not precedential]. [DRILL WIZARD for “athletic training equipment, namely, computerized controls sold as a component of ball-delivery training machines for setting up and executing machine assisted training routines for ball sports” [DRILL disclaimed], refused registration in view of SHOT WIZARD for “basketball training devices, namely, devices for placing over basketball rims to aid in shot training” [SHOT disclaimed]].
In re The Trenton Corporation, Serial No. 77555997 (June 26, 2012) [not precedential]. [GUARD-WRAP on “coatings and chemical compounds, namely, anti-corrosion and protective coatings for metal structures, pipes, piping, bridges, and aboveground and underground utility structures,” refused registration over GUARDWRAP for “barrier material, namely, flexible plastic sheeting, used in the construction industry to protect structures from wind and moisture”].
In re Donald E. Moriarty, Serial No. 77946129 (June 26, 2012) [not precedential]. [HAUT COZEES for “clothing, namely, pants, denim pants, cargo pants, capri pants, stretch pants, jogging pants” refused registration in view of COZEEZ for “slippers”; “sleeping garments, namely, pajama tops and bottoms, nightgowns, sleepwear, [and] night shirts”; and “baby newborn and infant layette apparel, namely, creepers, hats, booties, blankets, rompers, coveralls, outwear jackets”]
TTABlog hint: This is not an easy test, is it? The answer is found in the first comment.
Text Copyright John L. Welch 2012.