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

I once heard a TTAB judge say that the outcomes 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. Try your adjudicatory skills on these four recently decided 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In re Perry, Serial No. 85561003 (December 3, 2014) [not precedential]. [Refusal to register the mark THE BONEYARD and design (shown below), for "clothing, namely, t-shirts, shirts, dresses, jackets, skirts, pants, shorts, sweaters, sweatshirts, one piece garments for infants and toddlers, sweatpants, robes, undergarments, scarves, gloves, socks, hats, caps, visors, sleepwear; footwear, swimwear." in view of the registered mark BONEYARDS for "belts, footwear, headwear, pants, shirts, shorts, t-shirts"].

In re Seacret Spa International LTD, Serial No. 78811559 (December 3, 2014) [not precedential]. [Refusal to register SEACRET (in stylized form) for "products containing ingredients from the Dead Sea, namely, non-medicated skin care preparations, namely, moisturizers, facial cleansers, facial peels, masks, lotions, creams , scrubs, soaps, nail care preparations, hand creams, cuticle oils; after shave," in view of the registered mark SECRET for body spray and deodorant].

In re John Paul Merkel, Serial No. 85618114 (November 13, 2014) [not precedential]. [Refusal to register the mark shown below, for "Clothing, namely, shirts, t-shirts, sweat shirts, jackets, shorts, pants, caps, and hats; Footwear, namely, boxing, wrestling, and mixed martial arts shoes" in view of the registered mark dtf, in standard character form, for "“clothing, namely, shirts, t shirts, caps, visors, jackets"].

In re Duro-Last, Inc., Serial No. 85746099 (December 3, 2014) [not precedential]. [Refusal to register DURO-LIGHT for metal and non-metal skylights, in light of the registered mark DURULITE for "non-metal doors"].

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Text Copyright John L. Welch 2014.