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 that approach on these three recent appeals. Which one resulted in a reversal? [Answer in first comment.]
In re McCrane, Inc., Serial No. 85728534 (July 6, 2016) [not precedential]. [Section 2(d) refusal of HUMANX, in the form shown below, for exercise and fitness equipment, in view of the registered mark HUMAN X (in standard characters), for "athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; boxing shorts; rash guards; tee shirts"].
In re Touratech AG, Serial No. 86288721 (July 6, 2016) [not precedential]. [Section 2(d) refusal the mark DriRide for motorcycle parts and accessories, arranging motorcycle travel tours, and motorcycle rentals, in view of the registered mark DRIRIDER for clothing for motorcyclists].
In re Summit Entertainment, LLC, Serial No. 77921988 (June 29, 2016) [not precedential]. [Section 2(d) refusal of ECLIPSE for, inter alia, all-purpose carrying bags, back packs, and messenger bags, "all relating to motion pictures and entertainment," in view of the registered mark ECLIPS & Design, shown below, for "trunks and travelling bags, namely, tote bags"].
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Text Copyright John L. Welch 2016.