TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
It's a new year and a clean slate. Here are the first three decisions of the year in Section 2(d) appeals. How do you think they came out? [Results in first comment].
In re Ozy Media, Inc., Serial No. 90023072 (January 4, 2023) [not precedential] (Opinion by Judge Martha B. Allard) [Section 2(d) refusal of RESET for "mugs and cups" in view of the registered mark shown below for "tableware, cookware and containers, namely, mugs made of plastic . . . ; cups made of plastics" [PLASTIC disclaimed].]
In re Chatam International Incorporated, Serial No. 90114379 (January 6, 2023) [not precedential] (Opinion by Judge Karen Kuhlke) [Section 2(d) refusal of STRONG ISLAND for "alcoholic beverages, except beer," in view of the registered mark STRONG ISLAND ALE for "Beer, ale, lager, stout and porter" [ALE disclaimed].]
In re Vanair Manufacturing, Inc., Serial No. 90293210 (January 10, 2023) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Section 2(d) refusal of GENAIR for "Air compressors; Generators, namely, integrated electric generators for land vehicles" in view of the registered mark GENAIRATOR for "diesel powered combination electricity generators and air compressors."].
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TTABlog comment: How did you do? See any WYHAs?.
Text Copyright John L. Welch 2023.
posted by John L. Welch @ 1/12/2023
4 comments
4 Comments:
All three were affirmed.
I was going to guess that all 3 were affirmed without reading about them. I would have a 90% chance of being correct.
THEY ARE ALL WYHAS!!! And the answer is NO of course not. Feel badly for the applicants.
GENAIRATOR is a registered mark for generators? Really?!
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