Friday, February 24, 2017

TTAB Test: Which Two of These Four Mere Descriptiveness Refusals Were Reversed?

Two of these four Section 2(e)(1) refusals were reversed. Put on your TTAB judicial robes and see if you can figure out how these recent appeals came out. [Answer will be found in first comment].

In re Blue Equity Int'l, LLC, Serial No. 86623172 (February 21, 2017) [not precedential]. [Requirement for disclaimer of BEST in the mark shown below, for various entertainment-related services].

In re BPI Sports, LLC, Serial No. 86584732 (February 21, 2017) [not precedential]. [Section 2(e)(1) refusal of BEST WORKOUT, in standard characters and with WORKOUT disclaimed, for "dietary and nutritional supplements"].

In re Fujarek , Serial No. 76709445 (February 17, 2017) [not precedential]. [Section 2(e)(1) refusal of VOICE for "broadcasting services, namely, radio and television broadcasting by satellite and mobile phones, via a global computer network"].

In re Fáilte Ireland, Serial No. 86975779 (February 14, 2017) [not precedential].Section 2(e)(1) refusal of DUBLIN PASS for "Advertising services; television and radio advertising; public relations; promoting the goods and services of others through the distribution of discount cards" and for "Information services for entertainment, recreation and education" [PASS disclaimed]].

Read comments and post your comment here.

TTABlog comment: How did you do? See any WYHA?s here?

Text Copyright John L. Welch 2017.


At 6:12 AM, Blogger John L. Welch said...

The first (BEST disclaimer) and third (VOICE) were reversed.

At 12:18 PM, Anonymous Alex B said...

It would have been BEST for consistency if both BEST marks were held distinctive.


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