TTAB Test: Which One of these Three Section 2(d) Refusals Was Reversed?
I once heard a TTAB judge say that the outcome of most 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 luck on these three appeals. Which one resulted in a reversal? [Answer in first comment.]
In re PTT, LLC, Serial No. 86203092 (January 21, 2015) [not precedential]. [Refusal to register WHAT I LIKE ABOUT YOU for computer game software for "machines, namely, slot machines and video lottery terminals," in view of the identical mark for "entertainment services in the nature of live-action, comedy, drama and animated television series" and "digital versatile discs featuring music, comedy, drama, action, adventure, and/or animation"].
In re Epic Naturals, LLC, Serial Nos. 85762427 and 85762380 (February 8, 2016) [not precedential]. [Refusals to register the marks THE EPIC SEED in standard character and design form, for "yogurt, strained yogurt, and probiotic yogurt-based beverages not for medical purposes" on the ground of likelihood of confusion with the registered mark EPIC for cheese].
In re Fivepals, LLC, Serial No. 85924540 (February 9, 2016) [not precedential]. [Refusal to register ALICE for "Mobile communication downloadable software platform allowing hotel customers to remotely access and reserve hotel services through smartphones, and allowing hotels to track and analyze customer preferences and characteristics," in view of the registered mark KATIE ALICE for "Hotel reservation services; restaurant reservation services; hotel restaurant reservation services; on-line booking of restaurant places (seats), including hotel restaurant places (seats); information about restaurants provided on-line from a computer data base or from the Internet; restaurant menus, including hotel restaurant menus; provided on-line from a computer data base or from the Internet; telephone booking services in respect of restaurants and hotel restaurants; information, advice and consultancy services in respect of the above; providing information via a global computer network in relation to the aforesaid services"
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Text Copyright John L. Welch 2016.