TTAB Test: Which One of These Three Section 2(d) Refusals Was Reversed?
Because tomorrow is a holiday [Thanksgiving], dear reader, we will have a shortened TTAB Test. Only three cases this time. One of these three Section 2(d) refusals was reversed. Your mission, if you choose to accept it, is to figure out which one. [The answer will be found in the first comment].
In re Colorbar Cosmetics Private Limited, Serial No. 86323815 (November 20, 2015) [not precedential]. [Section 2(d) refusal of COLORBAR USA for a wide range of cosmetics [USA disclaimed], such as bath oils, beauty creams, and nail polish (but not goods that are specifically for hair care), in view of the registered marks THE COLOR BAR for "Hairdressing services and counseling namely, offering advise [sic] regarding hair color in salons" and CB COLORBAR THE SALON (Stylized), shown below, for "Beauty salon services; Beauty salons; Hair color salon services; Hair salon services; Hair salon services, namely, hair cutting, styling, coloring, and hair extension services."
In re Malkon, Serial No. 86572090 (November 20, 2015) [not precedential]. [Section 2(d) refusal of BAGWAGZZZ for "Beds for household pets; Portable beds for pets," in view of the registered mark THE WAG BAG for "portable pet beds" [BAG disclaimed]].
In re White Birch Vineyards, LLC, Serial No. 86218002 (November 4, 2015) [not precedential]. [Section 2(d) refusal of WHITE BIRCH for wine in view of the identical mark WHITE BIRCH registered for vodka [BIRCH disclaimed].
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Text Copyright John L. Welch 2015.