Friday, June 02, 2017

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

Here are three recent Section 2(d) appeals, one of which resulted in a reversal.  Which one? [Answer will be found in first comment].


In re Don Sebastiani & Sons International Wine Negotiants Restoque Int’l LLC, Serial No.  86692212 (May 30, 2017) [not precedential]. [Section 2(d) refusal of CONTIGO for spirits, in view of the registered mark SOLO CONTIGO for wine].



In re Dennis Binkley, Serial No. 86429294 (May 30, 2017) [not precedential]. [Section 2(d) refusal BUNGEE BLAST for "Foam flying toy; Hand-powered non-mechanical flying toy" [BUNGEE disclaimed] in view of the registered mark BUNGEE GLIDERZ  for “Toy airplanes; Toy gliders; Toy sling planes" [GLIDERZ disclaimed]. 


In re Kim-C1, LLC, Serial No. 86757650 (May 31, 2017) [not precedential]. [Section 2(d) refusal of SPLENDOR for "Plant growth regulators for agricultural use" in view of the registered mark SPLENDORGRO for "mulch; peat moss; colored wood chips for use as ground cover; and plant seeds," and for "compost; potting soil; humus; plant food"].
 

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Text Copyright John L. Welch 2016.

3 Comments:

At 7:54 AM, Blogger John L. Welch said...

The BUNGEE BLAST refusal was reversed.

 
At 11:10 AM, Anonymous Anonymous said...

Finally! I got it correct. I was thinking that BUNGEE was generic, and as it was the commonality between the marks, the differences in BLAST and GLIDERS, even if the goods were identical, was sufficient differentiation. I haven't read the opinion, so I don't know if that was the reasoning used by the Board or not.

 
At 2:33 PM, Blogger Jonathan Jekel said...

Rats! That was my second choice after CONTIGO, which reminded me of the VOLTA/TERZA VOLTA issue in White Rock Distilleries. Maybe next time. As always, thanks for the update!

 

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