Test Your TTAB Judge-Ability on these Four 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 or 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. [Answer in first comment].
In re Ramesh Rao, Serial No. 85766217 (August 26, 2014) [not precedential]. [Refusal to register SCIENZMINDS for "educational services, namely, conducting classes in the field of science, technology, engineering, math and robotics" in view of the registered mark SCI-MIND for "educational services, namely, providing online instruction in the field of science, distributing training materials in connection therewith; educational services, namely, providing non-downloadable webinars and video tutorials in the field of science"].
In re Gladder, Serial No. 853683910 (August 27, 2014) [not precedential]. [Refusal to register WiredAcademic for "providing information, news and commentary in the field of education" in view of the registered mark WIRED LIVE for "arranging and conducting educational conferences; organizing exhibitions for educational and entertainment purposes” [WIRED disclaimed] and WIRED for "arranging and conducting educational conferences; organizing exhibitions for educational purposes in the field of technology"].
In re Carman, Amber R. dba Tangled Tantrum, Serial No. 85758055 (August 27, 2014) [not precedential].[Refusal to register the mark TANGLED TANTRUM & Design for "Hair oils; Hair shampoos and conditioners; Hair spray; Hair sprays and hair gels; Hair styling fixative in the nature of hair wax; Hair styling preparations; Hair styling spray; Hair wax; Hair-washing powder; Styling clay for hair; Styling foam for hair; Styling paste for hair" in view of the registered mark TANTRUM for various beauty care cosmetics and haircare products].
In re Mevotech Inc., Serial Nos. 85338942 and 85339000 (August 27, 2014) [not precedential]. [Refusal to register the marks TTX – TERRAIN TOUGH EXTREME CHASIS PARTS and TTX CHASIS PARTS for "automotive parts and accessories in the nature of automotive steering, alignment and suspension systems and structural parts for automotive steering, alignment and suspension systems ..." [CHASIS PARTS disclaimed in both applications] in view of the registered mark TTX (in standard characters) for "vehicle suspension systems for automobiles, motorcycles, all-terrain vehicles, snowmobiles and bicycles"].
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TTABlog Note: See any WYHA's here? Would you spell "CHASIS" differently?
Text Copyright John L. Welch 2014.