Tuesday, December 16, 2014

Test Your TTAB Judge-Ability on these Four Section 2(d) Appeals

I once heard a TTAB judge say 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 and/or services, without more. Well, 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 in first comment].

In re Petroleum Service Company, Serial No. 85904470 (December 12, 2014) [not precedential]. [Refusal to register BLUESKY LUBRICANTS for oils and lubricants, including lubricants for industrial machinery [LUBRICANTS disclaimed], in view of the registered mark BLUE SKY for "chemical additives for the after-treatment of exhaust gas, in particular chemical additives for reducing nitrogen oxides in exhaust gas from diesel engines; chemicals used in industry, in particular oil binders, anti-freezing agent, road salt"].

In re Kenneth T. Riddleberger, Serial Nos. 85632364 and 85637348 (December 12, 2014) [not precedential]. [Refusals to register 8UP and 8UPSPORTS for various clothing items, including t-shirts and sweatshirts, in view of the registered marks shown below, for various clothing items, including t-shirts and sweatshirts [APPAREL and CLOTHING disclaimed].

In re Thomas Barton, Serial No. 85826787 (December 11, 2014) [not precedential].[Refusal to register BARTON FAMILY for "wine; wines" in view of the registered mark THOMAS BARTON for "alcoholic beverages, namely, wines"]. [Note: see the case TTABlogged here].

In re Moll Anderson Productions, LLC, Serial No. 85777948 (December 10, 2014) [not precedential]. [Refusal to register ANDERSON WORLD MEDIA for music sound recordings and television and movie production [WORLD MEDIA disclaimed], in view of the registered mark MIKE ANDERSON MEDIA for audio and video recording services and film production [MEDIA disclaimed].

Read comments and post your comment here

TTABlog Big Hint: Any predictions? See any WYHA's here?

Text Copyright John L. Welch 2014.


At 5:54 AM, Blogger John L. Welch said...

All four were affirmed.

At 1:10 PM, Anonymous Anonymous said...

These quizzes are getting predictable.

At least the CAFC reversed the TTAB in one 2(d) case this morning.


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