Friday, December 28, 2012

Test Your TTAB Judge-Ability on these Four Section 2(d) Appeals

Some say that one may predict the outcome of a Section 2(d) likelihood-of-confusion appeal just by looking at the marks and the goods or services involved. Let’s put that theory to the test with the four 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In re Infinity Wind Power, Inc., Serial Nos. 77572712 and 77575965(December 11, 2012) [not precedential].[Refusal of INFINITY WIND POWER in standard character and design form, for wind energy project advisory services [WIND POWER disclaimed], in view of the registered mark ENFINITY & Design for management, consultation, installation, maintenance, development and implementation of renewable energy systems, including wind energy, photovoltaic energy and concentrated solar energy.]

In re ConSeal International Inc., Serial No. 85125792 (December 13, 2012) [not precedential]. [Refusal to register STOP BUGGING ME! for "Insecticides; pesticides; pesticides for exterminating, namely, bed bugs and dust mites" in view of the registered mark QUIT BUGGING ME for "insect repellents."]

In re Top That! Pizza Holding, LLC, Serial No. 85151866 (December 13, 2012) [not precedential]. [Refusal of TOP THAT! PIZZA WHERE PIZZA GETS PERSONAL and Design, for "dine-in and carry-out restaurant featuring individually topped pizzas [PIZZA disclaimed]," in view of the registered mark TOP THIS! for "pizza; pizza crust."]

In re Sam Farha, Inc., Serial No. 85061371 (December 13, 2012) [not precedential]. [Refusal to register the mark shown below for "shirts," the mark consisting of "a round-faced caricature depicting the poker face of world famous poker player Ihsan Sam Farha, including his trademarked use of an unlit cigarette dangling from his mouth, with the literal component, 'CHIPS HAPPEN' appearing proximate thereto in block lettering employing shadowing," in light of the registered mark CHIP HAPPENS for "short sleeve and long sleeve t-shirts, sweatshirts, and hats."

TTABlog comment: Here's a big hint. They all came out the same way. Would you take any of these cases up for further review?

Post your comment here.

Text Copyright John L. Welch 2012.


At 10:26 AM, Anonymous Anonymous said...

Does the Farha application misuse the word "trademarked"?


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