Friday, September 23, 2016

TTAB Test: How Did These Four Section 2(d) Appeals Turn Out?

I once heard a TTAB judge say that the outcome of most Section 2(d) likelihood of confusion cases may be predicted just by looking at the marks and the identified goods/services, without more. Well, try that approach on these four recent appeals that were decided two days ago, keeping in mind that about 85% of Section 2(d) appeals result in affirmance of the refusal. How do you think these came out? [Answer in first comment.]


In re Universal Entertainment Corp., Serial No. 79161731 (September 21, 2016) [not precedential]. [Section 2(d) refusal of GODDESSES HERA for gaming machines, slot machines, and the like, in view of the registered mark HERA’S GOLD for computer game software and gaming].


In re Peag, LLC, Serial No. 86019875 (Se, 2016) [not precedential]. [Section 2(d) refusal of EPIC BY JLAB, in the stylized form below, for "ear buds," in view of the registered mark EPIC for "loudspeakers."


In re Oncor Corporation aka DMK Cosmetics, Serial No. 86131491 (September 21, 2016) [not precedential]. [Section 2(d) refusal of A2Z for"skin care products, namely skin cleansers,non-medicated exfoliating gels for skin, non-medicated acne treatment preparations," in view of the registered mark HEALTHA2Z for pharmaceuticals for the treatment of various conditions, including acne, and for other drugs].


In re The Line and Dot LLC, Serial No. 86170528 (September 21, 2016) [not precedential]. [Section 2(d) refusal of LUMIÈRE for "women's clothing, namely blouses tops dresses, pants and sweaters," in light of the registered mark LUMIERE PLACE for "Blouses; Coats; Foul weather gear; Gloves; Headwear; Jackets; Jogging suits; Pants; Polo shirts; Robes; Shirts; Shorts; Socks; Sweat pants; Sweat shirts; Sweaters; Swimwear; T-shirts; Tank tops; Vests; Wristbands"].


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TTABlog comment: How did you do?

Text Copyright John L. Welch 2016.

5 Comments:

At 6:30 AM, Blogger John L. Welch said...

All four were affirmed. See any WYHAs here?

 
At 8:04 AM, Blogger Gene Bolmarcich said...

All REVERSED (if that's correct I will look like a genius...why not go out on a limb?...life is short). And pigs will fly today.

 
At 9:26 AM, Anonymous Anonymous said...

John, that was sure a short hiatus for the "I once heard a TTAB judge say that..." line

 
At 9:33 AM, Blogger John L. Welch said...

Brought back by popular demand.

 
At 12:04 PM, Anonymous Anonymous said...

In re Peag -- No way WIHA.

 

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