Monday, August 08, 2016

TTAB Test: Which Of These Three Section 2(d) Refusals Was Reversed?

Last Friday, the Board decided three Section 2(d) appeals, reversing one of the refusals. Some say that 95% of the time, one can predict the outcome of a Section 2(d) appeal just from looking at the marks and the involved goods/services.  So try your luck. Which one was reversed? [Answer in first comment.]



In re Prologue Games LLC, Serial No. 86354701 (August 5, 2016) [not precedential]. [Refusal to register PROLOGUE GAMES & Design (shown below) for computer and video game software, in view of the registered mark SECOND PROLOGUE for computer and video game software].


In re Tres Vidas Organic, Inc., Serial No. 86609789 (August 5, 2016) [not precedential]. [Refusal to register TRES VIDAS & Design (shown below) for "tequila; tequila infused with vitamins," in view of the registered mark DOS VIDAS for "tequila"].


In re John Michael Brack, Serial No. 86660122 (August 5, 2016) [not precedential]. [Refusal to register SIMPLY ORANGECELLO for "alcoholic beverage, namely, orange flavored liqueur" in view of the registered mark CARAVELLA ORANGECELLO for "alcoholic beverage, namely, orange flavored liqueur"].


Read comments and post your comment here.

TTABlog comment: How did you do? See any WYHAs here?

Text Copyright John L. Welch 2016.

4 Comments:

At 7:23 AM, Blogger John L. Welch said...

The third one was reversed.

 
At 8:02 AM, Blogger Brad Salai said...

If it isn't the orangecello one, I should give up.

Just saw the answer, whew...

I wonder what the examiner was thinking, isn't orangecello generic?

 
At 11:18 AM, Blogger Carole Barrett said...

Easy one.

 
At 8:43 PM, Blogger Pamela Chestek said...

Third was "why was it refused?"

 

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