Tuesday, May 12, 2015

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

Here are four recent appeals from Section 2(d) likelihood of confusion refusals. Three were affirmed. Which one was reversed? [Answer in first comment].

In re Car Wash Co., Inc., Serial Nos. 86011273 and 86011285 (May 8, 2015) [not precedential]. [Refusal to register SHINE 'N' SHIELD for "clear coating protectant for vehicles" and for "car wash services," in view of the registered mark SHINE & SHIELD for "Automobile and car wax preparations; Automobile cleaners; Automobile polishes; Automobile tire cleaning and polishing preparations; Automobile wax; Automobile, tire, glass and wheel cleaning preparations; Cleaning, washing and polishing preparations; Polymer sealant for cleaning, shining and protecting automobile exterior surfaces"].

In re Gulf Coast Pharmacy, Inc., Serial No. 86246922 (May 8, 2015) [not precedential]. [Refusal to register the mark shown below left, for "Retail pharmacy services; retail store services featuring home medical equipment, vitamins, medications, and home health products for general consumer health needs," in view of the two registered marks: the mark shown below right for vitamins, and the mark PHARMCARE for "long term care pharmaceutical services, in the nature of institutional retail pharmacy services primarily marketed to nursing facilities, assisted living centers, and other institutional and residential healthcare facilities"].

In re Amco International Education Services, S.A.P.I. de C.V., Serial No. 85601701 (May 7, 2015) [not precedential]. [Refusal to register the mark BRIGHT IDEAS, BRILLIANT FUTURE for educational publications; consultancy services in the fields of school management and administration, and providing teacher workshops, in view of the registered mark HARRY WINSTON BRILLIANT FUTURES for educational services, namely, providing workshops, seminars, tutoring and academic mentoring to children].

In re AccentCare, Inc.., Serial No. 85712363 (April 30, 2015) [not precedential]. [Refusal to register TEXAS HOME HEALTH for home health care services and personal living assistance services [HOME HEALTH disclaimed], in view of the registered mark TEXAS HEALTH & Design (shown below) for "comprehensive health care services; hospital services; addiction treatment services; mental health services; mobile medical diagnostic services and home healthcare services" [HEALTH disclaimed].

Read comments and post your comment here.

TTABlog comment: See any WYHAs here?

Text Copyright John L. Welch 2014.


At 8:35 AM, Blogger John L. Welch said...

The third one - BRIGHT IDEAS, BRILLIANT FUTURE - was reversed.

At 10:02 AM, Blogger Brad Salai said...

I'm two for two in the last two tests. My confidence is returning slowly.

At 10:06 AM, Anonymous Charles Guarino said...

Thought this was an easy call. The first one, SHINE 'N' SHIELD, is my nominee for top WYHA of 2015.

At 1:06 PM, Anonymous Anonymous said...

In the Gulf Coast case the Board completely ignored the fact that in one case the services are marketed to consumers (retail pharmacies) and in the other case the trade channels are specified as being nursing and long-term care facilities. Confusion is not only unlikely but impossible under such circumstances. I think the TTAb needs to hire more judges...they're clearly overworked.

At 2:54 PM, Anonymous Neill Levy said...

Anonymous did not mention that the marketing was specified as "primarily" to nursing and long term care facilities, thus enabling the applicant to market to consumers.


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