TTABlog Test: Three Recent Section 2(d) Oppositions - Which Was/Were Dismissed?
The outcome of a Section 2(d) opposition is obviously more difficult to predict than a Section 2(d) appeal. Priority, strength of the opposer's mark, a crowded field, and lack of actual confusion may come into play, for example, and the parties may enter into stipulations or make admissions that significantly affect the result. By my estimate, Section 2(d) oppositions have been sustained about 80% of the time so far this year, which may indicate how the deck is stacked against applicants in the likelihood-of-confusion analysis. Here are three recent Board decisions in relatively uncomplicated cases, at least one of which was a dismissal of the opposition. How do you think they came out? [Answer in first comment].
RLP Ventures, LLC v. Heising-Simons Foundation, Opposition No. 91246949 (December 5, 2024) [not precedential] (Opinion by Judge Mary Beth Myles). [Opposition to registration of AMERICAN MOSAIC JOURNALISM PRIZE for "Nonprofit services, namely the awarding of fellowships and monetary prizes in the field of journalism" [JOURNALISM PRIZE disclaimed] in view of the mark MOSAEC for information and entertainment services and charitable fundraising services.]
The Lip Bar, Inc. v. Suzanne Lang Fragrance Inc., Opposition No. 91277112 (December 4, 2024) [not precedential] (Opinion by Judge Melanye K. Johnson). [Opposition to registration of LIP LAB in view of the registered mark THE LIP BAR [LIP disclaimed], both for lip-related cosmetics.]
Frontier Distribution LLC v. Mountain View Fruit Sales Inc., Opposition No. 91269392 (November 29, 2024) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Opposition to registration of SIMPLY GROWN ORGANIC for "organic fresh fruit" [GROWN ORGANIC disclaimed] in view of the registered mark SIMPLY ORGANIC, for spices and seasonings [ORGANIC disclaimed].]
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Text Copyright John L. Welch 2024.
posted by John L. Welch @ 12/10/2024
6 comments
6 Comments:
The first two were dismissed, the third sustained.
Those results sound right to me. That second one isn't even close in my opinion.
What's more descriptive than simply organic?
But the LIP BAR won a bit ago against LIP TAR? Just a coin toss at TTAB these days? This opinion was more well writte than LIP TAR. The other was a cookie cut paste opinion.
Someone help me out. How is "simply organic" a trademark? You can't own "organic", and owning simply is like trying to own the word "all". So, how do people get such descriptive marks registered?
Luck of the (examining attorney) draw.
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