Thursday, June 04, 2020

TTABlog Test: Three Recent Section 2(d) Appeals - How Did They Come Out?

I've been making these TTABlog Tests too easy lately. This time I'm not giving any hints. Here are three recent decisions in appeals from Section 2(d) refusals. How do you think these came out? [Answers in first comment].


In re Maryhill AB, Serial No. 88102714 (May 28, 2020) [not precedential] (Opinion by Judge George C. Pologeorgis) [Section 2(d) refusal of the mark shown below, for "“Baguettes; Bread; Bread rolls; Breadcrumbs; Buns; Cake batter; Cake doughs; Cake mixes; Cakes; Crushed oats; Dough; Food starch; Pancakes; Processed cereals; Tarts; Unleavened bread in thin sheets; Waffles; Wheat flour; Wheat germ for human consumption; Yeast; Biscuits; Cookies,” in view of the registered mark BREAD FOR EVERYONE for "bread" [BREAD disclaimed]].


In re Primelife Research, LLC, Serial No. 88216774 (May 29, 2020) [not precedential] (Opinion by Judge Cynthia C. Lynch) [Section 2(d) refusal of PRIMELIFE RESEARCH & Design for "Dietary supplements; Dietary supplements for human consumption; Dietary and nutritional supplements" [RESEARCH disclaimed], in view of the registered mark COLOSTRUM PRIME LIFE for “Dietary and nutritional supplements" [COLOSTRUM disclaimed]].


In re Delta Faucet Company, Serial No. 88071960 (June 2, 2020) [not precedential] (Opinion by Judge Peter W. Cataldo). [Section 2(d) refusal of BOWERY for "bathroom accessories, namely,
towel bars, towel rings and toilet tissue holders," in view of the registered mark BOWERY HILL for, inter alia, bathroom furniture].


Read comments and post your comment here.

TTABlog comment: How did you do? Any WYHAs here?

Text Copyright John L. Welch 2020.

2 Comments:

At 10:46 AM, Blogger TMAttorneyHeller said...

That was too easy!!!

 
At 11:53 AM, Blogger Stacey Friends said...

They were all pretty much WYHA. I thought for a minute maybe Bread for Everyone wasn't quite so hopeless because it was clearly a tag line and not a "house mark" for the applicant, but then I checked and I see that it is a tagline for the Registrant also. So, 3 for 3 WYHA.

 

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