Monday, November 28, 2016

TTAB Test: Which of These Four Section 2(d) Refusals Were Reversed?

Supposedly one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods. In two of these four recent appeals, the Board reversed the refusals, finding no likelihood of confusion. Let's see how you do in figuring out which was which. [Answer will be found in first comment].


In re Lightning Strike Distributing, LLC, Serial No. 86855380 (November 16, 2016) [not precedential]. [Section 2(d) refusal of JED’S JERKY for "jerky" [JERKY disclaimed], in view of the registered mark JED'S for "barbecue sauce"].


In re Due South Brewing Co., Serial No. 86183992 (November 23, 2016) [not precedential]. [Section 2(d) refusal of DUE SOUTH BREWING CO. for "bar services" [BREWING CO. disclaimed], in view of the registered mark DUE SOUTH PIT COOKED BARBECUE & Design for "restaurant and catering services" [PIT COOKED BARBECUE disclaimed]].


In re Scram Software Pty Ltd., Serial No. 86658580 (November 23, 2016) [not precedential]. [Section 2(d) refusal of CLOUD SHERIFF for "Computer software for encrypting ... documents" and for "development, design, implementation, testing, analysis, and consulting services in the field of ... encryption" [CLOUD disclaimed], in view of the registered mark HISOFTWARE SECURITY SHERIFF for "Computer software, namely, downloadable software for use in ... encryption of documents," and for "hosting software for use in ... encryption of documents"[SECURITY disclaimed]].


In re Denver Beer Company, LLC, Serial No. 86515920 (November 23, 2016) [not precedential]. [Section 2(d) refusal of PRINCESS YUM YUM RASPBERRY ALE for "beer" [RASPBERRY ALE disclaimed], in view of the registered mark YUMYUM for "beer"].



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Text Copyright John L. Welch 2016.

2 Comments:

At 6:34 AM, Blogger John L. Welch said...

The last two refusals were reversed.

 
At 11:06 AM, Blogger Brian Gibbons said...

I would have guessed that the YumYum case was close to being a WYHA, so apparently not so well.

The Board seems to have felt that "Yum Yum" for food/drink is such a weak mark that they barely even needed to discuss it; they gave the mark less weight than they typically do even for marks on the Supplemental Register.

 

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