Here are two Section 2(d) appeals decided two days ago. One of the refusals was reversed. Applying your jurisprudential skills and/or well-honed instincts, how do you think these came out? [Answer in first comment].
In re Mendocino Farms, LLC, Serial No. 86731456 (August 1, 2017) [not precedential] (Opinion by Judge Karen Kuhlke). [Section 2(d) refusal of EAT HAPPY for restaurant and catering services, in view of the mark shown below, for restaurant services].
In re TOELL Co., Ltd., Serial No. 86888544 (August 1, 2017) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of the mark PURE HAWAIIAN WATER & Design (below left) for "drinking water [PURE HAWAIIAN WATER disclaimed], in view of the registered marks HAWAII WATER & Design (below right) for "purified drinking water" [HAWAII WATER disclaimed] and PURE HAWAIIAN (Supplemental Register), in standard character form, for bottled water].
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Text Copyright John L. Welch 2017.
The second one was reversed.
ReplyDeleteFYI, the standard character registered mark PURE HAWAIIAN for bottled drinking water and bottled water was also cited against the PURE HAWAIIAN WATER mark.
ReplyDeleteI suck at this game.
ReplyDeleteGuessed right, for a change.
ReplyDeleteGlenn, even a blind squirrel ....
ReplyDeleteMy point exactly, John!
ReplyDeleteThanks for making me feel better, Pam. I thought I was the only one that sucked at this!
ReplyDeleteFor once, I guessed correctly. That said, it was in fact a "guess"!
ReplyDelete