Test Your TTAB Judge-Ability on These Three Section 2(d) Refusals
I once heard a TTAB judge state that the outcome of most Section 2(d) likelihood of confusion cases can 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 appeals that were decided late last week - keeping in mind that, by my estimate, about 85% of Section 2(d) refusals are affirmed by the Board.
In re Jorge Alvarez, Serial No. 85529354 (July 18, 2014) [not precedential]. [Refusal to register PAYITAWAY for consumer lending services, in view of the registered marks
PAYAWAY and PAYAWAY PRIME [PRIME disclaimed] for credit and loan services].
In re Green Supreme, Inc., Serial No. 85502207 (July 18, 2014) [not precedential]. [Refusal to register BARLEY POWER GREEN SUPREME and Design shown below, for "dietary supplements also containing organically grown barley plants" [BARLEY disclaimed] in view of the registered mark GREEN SUPREME for "vitamin and mineral supplements, dietary supplements with herbs and natural ingredients"].
In re In re MAC Mode GmbH & Co. KGaA, Serial Nos. 79099041 and 79101237 (July 17, 2014) [not precedential].[Refusal to register the DREAM JEANS in the two design forms shown below left, for "clothing, namely, pants, jeans," in light of the registered marks DREAM JEANNE’S in standard character and design form, shown below right, for "women’s apparel, namely, jackets, jeans, skirts and shorts"].
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TTABlog note: Well, what do you think? See any WYHA's here?
Text Copyright John L. Welch 2014.