TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
Here are three recent appeals from Section 2(d) refusals. As previously mentioned, a former TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods/services. How do you think theses three cases came out? [Results in first comment].
In re Iona College, Serial Nos. 90069213 and 90069574 (January 24, 2023) [not precedential] (Opinion by Judge Cindy B. Greenbaum) [Section 2(d) refusal of GAEL NATION and GAELNATION for intercollegiate sports entertainment services, in view of the registered mark GAELS for "educational services, namely providing courses of instruction at the college and post graduate level; and organizing and conducting sports competitions and sports events."]
In re Gym Rats Only, Serial Nos. 90272589 and 90272606 (January 24, 2023) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 2(d) refusal of GYMRATS ONLY and GRO GYMRATS ONLY EST 2020 & Design for, inter alia, "providing a web site featuring information on exercise and fitness," in view of the registered mark GYMRATTS for, inter alia, "Educational services, namely, providing online instruction in the field of fitness and nutrition."]
In re USAPARK LLC, Serial No. 88808668 (January 25, 2023) [not precedential] (Opinion by Judge Christopher Larkin). [Section 2(d) refusal of the mark shown below, for parking lot services, in view of the registered mark USA PARKING (PARKING disclaimed)for "vehicle parking services."]
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TTABlog comment: How did you do? I see maybe a half-reversal!
Text Copyright John L. Welch 2023.
posted by John L. Welch @ 2/01/2023
5 comments
5 Comments:
All refusals were affirmed.
Can't say I agree with the Gym Rats one.
The Board reached the right decision on the ex parte appeal, but Iona College has used the GAELS name for Division I sports for many decades. Good lesson there in getting your application in early.
On the half reversal. I believe GR and design should have been allowed since gym mats only is descriptive terminology and is in a design element.
Is this the one that you saw?
AttorneyHeller: yes, that's the one.
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