TTABlog Test: TTAB Rules in Three Recently Argued Ex Parte Appeals

Here are three recent decision by the Board in ex parte appeals in which it held oral arguments in September and October 2023. How do you think they came out? Answers in first comment.

In re Stonemaier LLC, Serial No. 90731004 (November 8, 2023) [not precedential] (Opinion by Judge Jennifer L. Elgin) [Section 2(d) refusal to register the mark WINGSPAN for strategy games, including board games and electronic games, in view of the identical mark registered for "toy action figures and accessories for use therewith; toy vehicles and accessories for use therewith."]

In re Panini America, LLC, Serial No. 88927178 (Sepember 29, 2023) [not precedential] (Opinion by Judge George C. Pologeorgis) [Refusal to register CERTIFIED as a trademark for "Collectible trading cards; Sports trading cards" on the ground of genericness.]

In re Total Vision Group LLC, Serial No. 90687823 and 90689458 (September 19, 2023) [not precedential] (Opinion by Judge Marc A. Bergsman) [Refusals to register RETYZ, in standard character and design form, for "cable ties, not of metal and zip ties, not of metal," the former on the ground of mere descriptiveness and the latter on the ground of failure to disclaim "retyz."]

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Text Copyright John L. Welch 2023.