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In re B&M Noble Co., Serial No. 86338620 (October 4, 2016) [not precedential]. [Refusal to register DUCHATEAU DOORS for "wooden doors excluding garage doors, namely, wooden interior doors and wooden entry doors; wood door frames; non-metal decorative moldings and decorative trim for use in building construction; wood moldings; doors of wood clad in aluminum"[DOORS disclaimed] in view of the registered mark CHATEAU for "non-metal garage doors"].
In re Alia Sonara Design Works, LLC, Serial No. 86338224 (September 29, 2016) [not precedential]. [Refusal to register the mark ALIA SONARA in the form shown below, for "Bow ties; boxer briefs; boxer shorts; head scarves; shoulder scarves; silk scarves; ties" on the ground of likelihood of confusion with the registered mark ALIA for "“ladies' clothing, namely jackets, skirts, blouses, tops, pants, pant suits, shirts, coats, sweaters, tunics, housecoats, jumpers, jeans, t-shirts, vests, tank tops, cullotes, tunics, and suits"].
In re Zen Marketing, LLC, Serial No. 86487195 (September 29, 2016) [not precedential]. [Refusal to register ZEN TEA TRADERS & Design (shown below left) for "Black tea; Earl Grey tea; Fruit teas; Green tea; Japanese green tea; Oolong tea; Rooibos tea; Tea; Tea for infusions" [TEA TRADERS disclaimed], in view of the registered marks ZenTea & Design for "tea" (shown below right) and MY ZEN TEA for "Tea, herbal tea, teabased beverages, coffee, sugar, spices"].
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Text Copyright John L. Welch 2016.