TTAB Test: How Would You Decide These Four Recent Appeals?
Here are four appeals that were decided on Monday, August 24th: two Section 2(d) likelihood of confusion cases, and two Section 2(e)(1) mere descriptiveness cases. How would you decide them? [Correct answers in first comment].
In re Red Whale, LLC, Serial No. 86037950 (August 24, 2015) [not precedential]. [Section 2(d) refusal of RED WHALE for "beer" and "distilled spirits," in view of the registered marks WHALE for "beer" and BLUE WHALE VODKA for "vodka" [VODKA disclaimed]].
In re Alec R. Fernandez, Serial No. 86176743 (August 24, 2015) [not precedential]. [Refusal to register the mark GOOD BUN & Design (shown below) for restaurant services on the ground that GOOD BUN is merely descriptive under Section 2(e)(1) and must be disclaimed].
In re Dr. Fresh, LLC, Serial No. 86010644 (August 24, 2015) [not precedential]. [Section 2(d) refusal of COMPLETE CARE for "dental floss" in light of the registered mark ARM & HAMMER COMPLETE CARE and Design (shown below), for "tooth paste, tooth gel"].
In re USA Enterprises, LLC., Serial No. 86170165 (August 24, 2015) [not precedential]. [Section 2(e)(1) mere descriptiveness refusal of THE RESERVOIR for "Plastic bags for household use for storing drinking water"].
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Text Copyright John L. Welch 2014.