Test Your TTAB Judge-Ability on These Three Section 2(d) Appeals

I once heard a TTAB judge tell an audience that the outcome of most Section 2(d) likelihood of confusion cases may be predicted just by looking at the marks and the identified goods/services, without more. Well, your would-be Honor, try your skills on these three refusals. Hint: only two of them came out the same way.



In re W.T. Adams & Co., Application Serial No. 85015200 (July 25, 2013) [not precedential]. [Refusal to register ADAMS for "commercial and residential real estate agency services," in view of the registered mark SMITH ADAMS for "real estate brokerage services"],

In re Catherine Hawkins, Serial No. 85587596 (August 8, 2013) [not precedential]. [Refusal of SWEETPEATOAD, in the stylized form shown in the specimen below, for "handmade hats and scarves," in light of the registered mark SWEET PEA for various clothing items, including hats and scarves].

In re Lil Fats, Inc. dba Coast 2 Coast Mixtapes, Serial No. 85404979 (August 8, 2013) [not precedential]. [Refusal of COAST 2 COAST for "arranging and conducting nightclub entertainment events in the nature of 'music industry mixer' networking events; arranging and conducting nightclub entertainment events in the nature of live competitions by rap, hip-hop, and urban artists and DJs; providing a website for entertainment purposes where users can view and submit songs, videos and photos featuring musical bands and artists," in view of the registered marks COAST2COAST for "entertainment services, namely, a continuing variety show featuring live audiences broadcast over television, satellite, internet, audio and video media," and COAST TO COAST BLUES BAND for "entertainment, namely, live performances by a musical band" [BLUES BAND disclaimed]].

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Text Copyright John L. Welch 2013.