Test Your TTAB Judge-Ability on these Four Section 2(d) Refusals
Okay, you know the drill: 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 four appeals, keeping in mind that, by my estimate, about 85% of Section 2(d) refusals are affirmed by the Board. [Answers will be found in first comment].
In re Gavin McNeill, Serial No. 85461532 (August 11, 2014) [not precedential]. [Refusal to register the design mark shown below, comprising "a black outline of a baseball hat and the word 'Cool' beneath the hat that resembles a face," for "Caps; Hats; Headwear; Jackets and socks; Sweatshirts; T-shirts; Tank tops; Tops," in view of the registered mark COOL!, in standard character form, for various clothing items, including t-shirts].
In re Hearst Communications, Inc., Serial No. 85704221 (August 11, 2014) [not precedential]. [Refusal of METROPOLITAN HOME for "case goods, namely, chests, night stands, cabinets, dining tables, coffee tables, end tables, desks, bed and headboards; upholstered furniture; all the foregoing not relating to furniture for use in patient rooms and waiting areas of healthcare facilities" [HOME disclaimed], in view of the registered mark METROPOLITAN for "furniture for use in patient rooms and waiting areas of healthcare facilities"].
In re Federacion Regional de Sociedades Cooperativas de la Industria Pesquera, Baja California, F.C.L., Serial No. 85835945 (August 14, 2014) [not precedential]. [Refusal to register the mark REY DEL MAR and Design, shown below, for "Abalones; Ark-shells; Lobsters; Oysters" [The English translation of REY DEL MAR is KING OF THE SEA], in view of the registered mark KING OF THE SEA for seafood].
In re Forshaw, Serial No. 85797042 (August 15, 2014) [not precedential]. [Refusal of CALI FO$HO for "Hats; pants; shirts" in view of the registered mark SOFOSHO for "clothing – namely-shirts, sweatshirts, shorts, T-shirts, jackets"].
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Text Copyright John L. Welch 2014.