Test Your TTAB Judge-Ability on this Quintet of 2(d) Refusals
Do you have what it takes to be a TTAB judge? Take an educated guess, based on the involved marks and goods, as to the outcomes of these five (5) appeals from Section 2(d) refusals to register. [Answers in comments].
In re Summit Entertainment, LLC, Serial No. 77809429 (August 24, 2011) [not precedential]. [Refusal of the mark TWILIGHT for "candy, chewing gum" in view of the registered mark TWILIGHT DELIGHT for "chocolate bars"].
The LETCO Group, LLC, Serial No. 77541687 (August 26, 2011) [not precedential]. [Section 2(d) refusal of LIVING EARTH for "soil amendments; potting soil; planting soil," in view of the registered mark LIVING SOIL for "planting soil, namely, planting mix"].
In re Bioenergy, Inc., Serial No. 77503784 (August 26, 2011) [not precedential]. [2(d) refusal of REJUVALEN (in standard character form) for "skin cream" in light of the mark REJUVALINE, registered for "non-medicated ingredients sold as an integral component of cosmetics and non-medicated skin care preparations"].
In re Darryl F. White, Serial No. 77201896 (August 26, 2011) [not precedential]. [Refusal of BLAK ICE & Design for "caps; shirts; pants; footwear; suits; jackets" on the ground of likely confusion with the registered mark BLACK ICE for "outdoor camping apparel - namely, parkas, vests, mittens, and pants"].
In re Chevron Ltd., Serial No. 77737091 (August 26, 2011) [not precedential]. [Refusal to register ENDURO for various power tools, including saws, in view of the registered mark IC ENDURO for power saw blades].
Text Copyright John L. Welch 2011.
posted by John L. Welch @ 9/07/2011
5 comments
5 Comments:
All affirmed. Are these all WYHAs?
The only one I waivered on a little was Twilight, but I don't disagree. What is WYHA?
WYHA means Would You Have Appealed?
The Board was right. I would like to see the Board elevate the weight of the Fed. Cir. In re Shell Oil case holding that doubt should be resolved against the newcomer because he has the opportunity and obligation to avoid confusion.
Probably WYHA, yes. Moreover, even had these applicants prevailed on appeal to have the refusal reversed, there's probably good odds that most or all of these applications would have been opposed by the cited registrant.
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