TTABlog Test: (No WYHAs Here!) How Did These Three Recent Section 2(d) Appeals Turn Out?
So far this year, the Board has affirmed more than 90% of the Section 2(d) refusals it has reviewed on appeal. Here are three recent ones. No hints this time. How do you think they came out? [Results in first comment].
In re Aleksander Chulyakov, Serial No. 90032236 (September 28, 2022) [not precedential] (Opinion by Judge Christopher Larkin) [Section 2(d) refusal of the mark EVERBLAK for "jewelry, namely, wedding rings and wedding bands" in view of the registered mark FOREVER BLACK for "clothing, namely, pants, jeans, skirts, shorts, dresses, jackets, coats and t-shirts" [BLACK disclaimed].]
In re White Elephant Enterprises, Inc., Serial Nos. 88662792 (September 26, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington) [Section 2(d) refusal of the mark WHITE ELEPHANT SALOON for restaurant and bar services ("SALOON" disclaimed) in view of the registered mark WHITE ELEPHANT for wine.]
In re Armature Works (Hotel) TRS, LLC, Serial No. 90091318 (September 21, 2022) [not precedential] (Opinion by Judge Cindy B. Greenbaum). [Section 2(d) refusal of THE MORROW HOTEL for hotel services, in view of the registered mark MORROW for "Bed sheets; Towels; Bed blankets."]
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TTABlogger comment: Well, what say you?
Text Copyright John L. Welch 2022.
posted by John L. Welch @ 9/29/2022
2 comments
2 Comments:
All three were affirmed.
Ten registrations, each covering both of two particular goods, represents .000000334 of the more than 3,000,000 live registrations. Is that really a sufficient basis on which to conclude that consumers are inured to seeing both types of goods coming from the same source?
I would warrant that, for almost any two sets of goods, there would be at least ten registered marks, with different owners, that cover both. For example, there are 828 registered marks in both Class 9 and Class 16 where the G/S cover both pencils and laptops. Even though many of these would likely be weeded out upon review, does that mean that pencils and laptops are related goods?
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