Thursday, May 07, 2015

TTAB Test: Which One of These Four 2(d) Refusals Was Reversed?

Here are four recent appeals from Section 2(d) refusals. Three were affirmed. Which one, your would-be Honor, was reversed? [Answer in first comment].

In re Duncan, Serial No. 85909106 (April 23, 2015) [not precedential]. [Refusal to register Joe Momma's Place for restaurant services, in view of the registered mark JOE MAMMAS for "catering for the provision of food and beverages; catering of food and drinks; contract food services; food preparation; serving food and drinks; serving of food and drink/beverages"].

In re Ecopetrol S.A, Serial No. 85384900 (April 23, 2015) [not precedential]. [Refusal to register the mark shown  below left, for "All purpose lubricants; benzene fuel; hydrocarbon fuels; raw petroleum; refined petroleum; petroleum-derived fuels; oil-based fossil fuels; excluding ethanol fuels, all of the foregoing sold at wholesale; naphtha; paraffin," in view of the registered mark shown below right, for "ethanol fuels"].

In re Nutritional Concepts, Inc., Serial No. 76715478 (April 23, 2015) [not precedential]. [Refusal to register NUTRITIONAL CONCEPTS for "retail and wholesale on-line and store services featuring dietary and nutritional supplements, and for "personalized nutritional counseling services," in view of the registered mark NUTRITION CONCEPTS for "nutrition counseling services"].

In re The Jockey Club LLC , Serial No. 85595169 (April 24, 2015) [not precedential]. [Refusal to register THE JOCKEY CLUB RACING COLORS for “luggage, bags, namely, courier bags, beach bags, tote bags, backpacks, and travel bags; leather goods, namely, wallets, briefcases, attaché cases, handbags, leather covers for diaries, notebook covers, garment bags for travel and saddles, all made of leather," in view of the registered mark JOCKEY for various clothing items, including underwear].

Read comments and post your comment here.

TTABlog comment: See any WYHA's here?

Text Copyright John L. Welch 2015.


At 8:12 AM, Blogger John L. Welch said...

The second one (ecopetrol) was reversed.

At 9:32 AM, Blogger Brad Salai said...

I finally got one of these right. Think I'll apply for a job on the board!

At 10:32 AM, Anonymous Anonymous said...

"The Trademark Company" specializes in WYHAs.

At 11:57 AM, Blogger Lance said...

I would have reversed the last one too.


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