TTABlog Test: Which of These Three USPTO Refusals Was/Were Reversed?
Here are three recent Board decisions in three disparate case. At least one of the refusals was reversed. How do you think these three cases came out? [Results in first comment].
In re The PSYCH Group, LLC, Serial No. 88017204 (March 29, 2023) [not precedential] (Opinion by Judge Robert H. Coggins) [Refusal to register THE PSYCH GROUP for psychological services, on the ground of genericness.]
In re Cameron Sexton for State Representative, Serial No. 90211624 (March 31, 2023) [not precedential] (Opinion by Cindy B. Greenbaum). [Refusal to register PEOPLE BEFORE POLITICS for poster, t-shirts, political information services, political fundraising services, and on-line journals featuring politics, on the ground that the proposed mark fails to function as a trademark.]
In re Fredericia Furniture A/S, Serial Nos. 79310559 and 79318824 (April 3, 2023) [not precedential] (Opinion by Judge Melanye K. Johnson) [Section 2(e)(2) refusal of FREDERICIA in standard form, for lighting fixtures, furniture, and business services, on the ground that the proposed mark is primarily geographically descriptive of Applicant’s goods and services, namely, Fredericia, Denmark, and refusal of FF FREDERICIA & Design absent a disclaimer of FREDERICIA. on the same ground.]
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TTABlog comment: How did you do? See any WYHA?s
Text Copyright John L. Welch 2023.
posted by John L. Welch @ 4/06/2023
9 comments
9 Comments:
The third decision was reversed.
Examining attorneys (and their managing attorneys) need training on the CAFC's Newbridge Cutlery decision, especially its statement that just because a place "is mentioned on some internet websites does not show that it is a generally known location." The FREDERICIA refusal never should have been issued in the first place.
The first one included a graphic design. Why wasn't that found to be distinctive, with the wording simply required to be disclaimed?
I knew it was the third one because I knew the Board would never reverse nonsense genericness or FTF refusals.
The last one should be a precedential opinion. It is instructive.
Come on, I bet 100% of U.S. consumers know that FREDERICIA is located in Denmark and is known for exquisite lighting fixtures.
Link to third case was erroneous.
Should be
https://ttabvue.uspto.gov/ttabvue/v?pno=79310559&pty=EXA&eno=19
Currently leads to Doc 12 not 19.
Thanks for all you do John!
Link to the third case should be to doc 19, not 12:
https://ttabvue.uspto.gov/ttabvue/v?pno=79310559&pty=EXA&eno=19
Thanks for all you do John! Happy Easter!
I agree. Fredericia is not known for producing any of the relevant goods or services.
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