Test Your TTAB Judge-Ability: Is there a Reversal in these Four Section 2(d) Appeals?
I once heard a TTAB judge assert 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. So try your adjudicatory skills on these four appeals. Is there a reversal in there somewhere? No there isn't.
In re MWR Holdings, LLC, Serial No. 85490234 (October 29, 2013) [not precedential]. [Refusal of BONGO BEAR for “plush toys” [BEAR disclaimed] in view of the registered marks BONGO CATS for “plush toys, stuffed toy animals, musical toy instruments” [CATS disclaimed] and BONGO BI-LINGO BUDDY for “plush toys, hand puppets, board games, card games, stuffed toy animals, musical toy instruments, namely, drums, brass and percussion”].
In re Health Fusion Brands, Inc., Serial No. 85491698 (November 4, 2013) [not precedential]. [Refusal to register the mark shown immediately below, for “clothing, namely shirts,” in view of the registered mark RIPTIDE for “men’s, women’s and children’s apparel, namely, shorts, shirts, jackets and footwear”].
In re Anderal OÜ, Serial No. 79105302 (November 4, 2013) [not precedential]. [Refusal to register the mark shown below left, for “preparations; hair lotion soaps; perfumery; essential oils; cosmetics; non-medicated skin care preparations; cosmetic sunscreen preparations; non-medicated toiletries; nail cares; hair-care preparations; shampoos; hair gels; hair sprays; non-medicated hair shine serums; hair conditioners; hair foams; hair oils; hair bleaching preparations; hair waving preparations; hair colorants; hair dyes; hair-coloring preparations; adhesives for affixing false hair,” in view of the registered mark shown below right, for “beauty masks; body masks; cloths or tissues impregnated with a skin cleanser; face and body creams; face and body lotions; facial masks; skin cleansers”].
In re Twentieth Century Fox Film Corp., Serial No. 77824292 (November 8, 2013) [not precedential]. [Refusal to register PANDORAPEDIA for “shirts; pants; shorts; underwear; boxer shorts; hats; caps; sweatshirts; sweaters; skirts; gloves; socks; shoes; boots; coats; jackets; swimwear; belts; scarves; pajamas; slippers; infant wear; hosiery; Halloween and masquerade costumes and masks sold in connection therewith; all of the foregoing related to motion picture films,” in view of the registered mark PANDORA for “men’s[,] women’s and children’s sportswear, namely, sweaters, swimwear, pants, shorts, shirts, blouses, skirts, jumpers, blazers, jackets, culottes, dresses, cotton knit tops, shifts, swimsuits, and swim suit cover-ups”].
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TTABlog note: The song "Civilization," features the lyric: "Bingo, Bango, Bongo, I don't want to leave the Congo."
Text Copyright John L. Welch 2013.
posted by John L. Welch @ 11/18/2013
13 comments
13 Comments:
Wait, what did I miss? Which was reversed?
Right. None of them?
I don't think any of them should have been reversed. Which one was reversed?
Trick question!
How can it be a trick question when the answers are a click away?
I was going to guess BONGO BEAR, but it looks like all of them were affirmed. Trick question??
I was going to guess BONGO BEAR, but it looks like all of them were affirmed. Trick question??
All were affirmed, unless you were referring to the fact that in 2 of them, the classes not opposed proceeded to publication?
For BONGO, the Board saw no need to review against BONGO BI-LINGO BUDDY in view of the refusal based on BONGO CATS.
You are correct. All affirmed. I was thinking the second BONGO refusal was reversed. My bad.
Phew! I thought I was missing something really important! I kept scouring them for a clue!
Dirty trick! I read all four cases trying to see how I was overlooking a reversal ... that said, if there was a reversal candidate, I'd go with the PANDORA/PANDORAPEDIA refusal.
It was unintentional. It's so difficult to find a 2(d) reversal that Iengaged in a little wishful thinking.
JLW
LOL, 2(d) reversals are few and far between ....
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