Friday, October 15, 2021

TTABlog Test: How Did These Recent Section 2(d) Appeals Turn Out?

The TTAB (Tee-Tee-Ā-Bee) recently decided the appeals from the three Section 2(d) refusals described below. No hints today. How do you think they turned out?  [Answer in first comment].



In re Quantgene Inc., Serial No. 88720359 (October 12, 2021) [not precedential] (Opinion by Judge Robert H. Coggins) [Section 2(d) refusal of QUANTGENE for medical diagnostic testing for cancer and other diseases and disorders, in view of the registered mark QUANTIGEN for "consulting services in the fields of biotechnology, pharmaceutical research and development, clinical laboratory testing, clinical diagnostics, and pharmacogenetics."]

In re Destino Xcaret S.A.P.I. de C.V., Serial No. 88622747 (October 13, 2021) [not precedential] (Opinion by Judge Elizabeth A. Dunn) [Section 2(d) refusal of the mark shown below for, inter alia, "hotel accommodation services" [HOTEL XCARET MEXICO disclaimed] in view of the registered mark HOTELXCARETRESORT.COM for "making hotel and temporary lodging reservations for individuals and groups via a global computer network lists" [on the Supplemental Register].]

In re Alderwood Surgical Center, Serial No. 88427822 (October 12, 2021) [not precedential] (Opinion by Judge Christopher Larkin) [Section 2(d) refusal of ZOMBIE BBL for "Surgery; Cosmetic surgery services; Cosmetic and plastic surgery; Plastic surgery; Plastic surgery services" [BBL disclaimed as an abbreviation for "Brazilian Butt Lift"] in view of the registered marks ZOMBIE BRACES and ZOMBIE TEETH for "dentist services" (BRACES and TEETH disclaimed).

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TTABlog comment: How did you do?

Text Copyright John L. Welch 2021.

posted by John L. Welch @ 10/15/2021   3 comments

3 Comments:

At 7:04 AM, Blogger John L. Welch said...

All three were affirmed.

 
At 10:58 AM, Anonymous Miriam Richter said...

Hmmm. I might be a trademark specialist now but I used to be a scientist. Anyone in the field will immediately recognize the difference between antigens and genes and while I can explain the connection, so can everyone in those respective fields and no-one would ever confuse them. I'm curious if they made a sophisticated consumer argument.

 
At 9:11 AM, Anonymous Anonymous said...

I'm sorry, nobody goes to the dentist to get their ass fixed. I think the decision in the case of In Re Alderwood Surgical Center shows that sometimes the TTAB doesn't know their ass from their elbow.

 

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