Monday, August 11, 2014

Test Your TTAB Judge-Ability: Which One of these Section 2(d) Refusals Was Reversed?

I once heard a TTAB judge state that the outcome of most Section 2(d) likelihood of confusion cases may be predicted just by looking at the marks and the identified goods/services, without more. Well, your would-be honor, try your skills on these four appeals, one of which resulted in a reversal. [Answer in first comment].

In re Pacific Resorts Investments Limited, Serial No. 85668227 (August 7, 2014) [not precedential]. [Refusal to register GINGER-EZE for dietary supplements containing ginger, in view of the registered mark GINEASE for dietary and nutritional supplements].

In re Les Mills International Limited, Serial No. 85652407 (August 7, 2014) [not precedential]. Refusal of GRIT for audio and video recordings, printed materials, educational services in the fields of health, nutrition, and physical fitness, in view of the registered mark GRIT FIT for physical fitness and exercise instruction and training; production of videos, and publishing of books and handbooks].

In re James Charne, Serial No. 85778933 (August 7, 2014) [not precedential]. [Refusal to register RISE OF KINGS for computer game programs, in view of the registered mark THE RISE OF THE WITCH-KING for computer game software].

In re Gold Crust Baking Company, Serial Nos. 85678105 and 85691267 (August 6, 2014) [not precedential]. [Refusal to register the marks GOLD CRUST BAKING COMPANY in standard character [BAKING COMPANY disclaimed] and design form (shown below left) [BAKING COMPANY, INC. disclaimed], for "bakery goods, namely, bread and buns," in view of the registered mark shown below right (CARIBBEAN BAKERY & GRILL disclaimed] for "restaurant services featuring Caribbean style foods"].

Read comments and post your comment here.

TTABlog note:  Answer may be found in first comment. See any WYHA?s here?

Text Copyright John L. Welch 2014.


At 2:11 AM, Blogger John L. Welch said...

In the fourth case, one of the two refusals was reversed.

At 10:05 AM, Anonymous joe dreitler said...

Makes sense, given that the one was a design mark, was not identical and, I am just guessing, is not arbitrary for food products


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