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Monday, December 14, 2015

TTAB Test: Which One of these Three Section 2(d) Refusals Was Reversed?

I once heard a TTAB judge say that the outcome of nearly all Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods/services, without more. Well, try your potential judicial skills on these three appeals. Which one was reversed. [Answer in first comment].


In re DRHORSEPOWER, INC., Serial No. 77505597 (December 4, 2015) [not precedential]. [Refusal to register the mark shown below, in view of the registered mark HORSEPOWER ENERGY DRINKS, both for energy drinks [ENERGY DRINKS disclaimed in the cited mark].


In re Murad, Inc., Serial No. 86286112 (December 9, 2015) [not precedential]. [Refusal to register INVISIBLUR PERFECTING SHIELD for "Nonmedicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and peels" [PERFECTING SHIELD disclaimed], in view of the registered mark INVISIBLEND for "cosmetic creams; cosmetic creams for skin care; cosmetic preparations for skin care; face creams for cosmetic use"].


In re Americas Health and Wellness Fund LLC, Serial No. 86265852 (December 11, 2015) [not precedential]. [Refusal to register LUBDUB for various goods and services in classes 5, 29, 32, 35, 43, and 44, including nutritionally fortified beverages, fruit-based beverages, retail store service featuring vitamin supplements, and juice bar services, in view of the registered mark DUB for non-alcoholic energy drinks.


Read comments and post your comment here.

TTABlog comment: Are you keeping track of your success rate on these TTAB tests?

Text Copyright John L. Welch 2015.
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7 comments:

  1. John L. Welch5:48 AM

    The LUB DUB refusal was reversed.

    ReplyDelete
  2. Brad Salai8:35 AM

    in a lot of cases, that go the other way, the Board points out that identical goods lessens the degree of similarity required. That wasn't even mentioned.
    Although I hate to get these wrong, which I did, again, it is really troublesome that we who have to give advice find it so hard to predict the results.
    Maybe that's just me, and everyone else got it right.

    Brad

    ReplyDelete
  3. Anonymous10:21 AM

    Brad, don't feel bad. I thought the Invisiblur case would be reversed.

    ReplyDelete
  4. Anonymous3:09 PM

    I went with INVISIBLUR.

    All tough choices though. I would have gone with none, if I had not known one was reversed.

    ReplyDelete
  5. Anonymous4:02 PM

    Would it have been reversed if it were LUB DUB instead of LUBDUB?

    ReplyDelete
  6. Anonymous4:47 PM

    I went with INVISIBLUR too.

    ReplyDelete
  7. TMAttorneyHeller1:14 PM

    I went with Invisblur. As I tell my clients, you can get different opinions from different trademark attorneys.

    ReplyDelete