TTABlog Test: Which of these Three Section 2(d) Refusals Was/Were Reversed?
Here are three recent TTAB Decisions in Section 2(d) appeals. At least one of the appeals led to a reversal. How do you think they came out?
In re Kristian J. Bell, Serial No. 97497611 (September 10, 2024) [not precedential] (Opinion by Judge Martha B. Allard). [Section 2(d) refusal of the mark shown first below in view of the registered mark shown second below, both for real estate brokerage services.]
In re OxeFit, Inc., Serial No. 90556063 (September 10, 2024) [not precedential] (Opinion by Judge Robert Lavache) [Section 2(d) refusal of the mark shown below left in view of the registered mark below right, for legally identical and related software and services in the fields of fitness instruction, fitness equipment, and social networking.]
In re Oakley, Inc., Serial No. 97538932 (September 8, 2024) [not precedential] (Opinion by Judge Robert H. Coggins). [Section 2(d) refusal of the mark OAKLEY KATO for, inter alia, sunglasses in view of the registered mark CATO for sunglasses.]
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TTABlogger comment: See any WYHA?s?
Text Copyright John L. Welch 2024.
posted by John L. Welch @ 9/13/2024
3 comments
3 Comments:
The first two were affirmed. The third was reversed.
Regarding the reversed refusal:
Quoting the TTAB opinion:
“CATO may refer to the Roman statesman, soldier, and writer Marcus Porcius “the Elder” (a relentless opponent of Carthage), or to his great-grandson Marcus Porcius “the Younger” (also a Roman statesman and soldier, and opponent of Caesar).”
Raise you hand if you were previously aware of the above.
“On the other hand, KATO may refer to a particular group of Native American people in northwestern California, or the language of that people, or to a Japanese surname that is present in the United States.”
Raise your hand again if you were previously aware of the above.
“Because of the different connotations, CATO and KATO would not engender the same commercial impression to anyone who knows the meaning of either term.”
“For those consumers unfamiliar with either term, KATO would still manifest a different commercial impression, with a more Japanese aura.” [ed. Even though they are phonetically EXACTLY the same!]
Raise your hand one last time if in your opinion “KATO” [and not “CATO”] manifests a commercial impression with a Japanese aura.
This decision reads like a crock of bull and reminds me of the adage I heard in law school. “There are two things in life that are ugly and you don’t want to watch being made. The first is sausage, and the second is the law.”
I finally got it right! LOL!
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