Thursday, September 20, 2018

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

It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services. Presented for your consideration are three recent TTAB decisions in Section 2(d) appeals. One was reversed. Which one? [Answer in first comment].


In re Currie, Serial No. 87221626 (September 17, 2018) [not precedential] [Section 2(d) refusal to register the mark show below, for "amplifiers" [TONE AMPLIFIER disclaimed], in view of the registered mark ULTRATONE for "Audio equipment, namely, keyboard amplifiers and public address (PA) systems”].



In re DIYAUTOFTW LLC, Serial No. 87330708 (September 17, 2018) [not precedential] [Section 2(d) refusal of the mark shown below left [DIY AUTO disclaimed], for "Providing an Internet website that features information about automotive maintenance and repair service," in view of the registered mark shown below right, for "repair of automobiles, namely, do-it-yourself vehicle repair shop" [DIY AUTO REPAIR SHOPS disclaimed]].


In re Mystic B.V., Serial No. 79195133 (September 18, 2018) [not precedential] [Section 2(d) refusal of the mark shown below for "clothing for watersports namely swimsuits, rash guards, long johns; sporting shoes for watersports, rains shoes, neoprene boots, neoprene shoes, watersport helmets; rain coats, thermal underwear, windsurf jackets, kite pants, spray tops clothing and wetsuits," in view of the registered mark MYSTIC for "clothing, namely, shirts"].



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Text Copyright John L. Welch 2018.

4 Comments:

At 5:20 AM, Blogger John L. Welch said...

The DIY AUTO decision was reversed. Was this too easy?

 
At 6:12 AM, Blogger Stephen Anderson said...

Hooray. I guessed correctly.

 
At 9:48 AM, Anonymous Anonymous said...

What? Not ULTRATONE? That one got me.

 
At 12:29 PM, Blogger John Crittenden said...

Yes, too easy! The only common elements are descriptive terms that were disclaimed.

 

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