I once heard a TTAB judge say that the outcomes of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods/services, without more. Try your adjudicatory skills on these four recently decided appeals, keeping in mind that, by my estimate, about 85% of Section 2(d) refusals are affirmed by the Board. [Answer in first comment].
In re Perry, Serial No. 85561003 (December 3, 2014) [not precedential]. [Refusal to register the mark THE BONEYARD and design (shown below), for "clothing, namely, t-shirts, shirts, dresses, jackets, skirts, pants, shorts, sweaters, sweatshirts, one piece garments for infants and toddlers, sweatpants, robes, undergarments, scarves, gloves, socks, hats, caps, visors, sleepwear; footwear, swimwear." in view of the registered mark BONEYARDS for "belts, footwear, headwear, pants, shirts, shorts, t-shirts"].
In re Seacret Spa International LTD, Serial No. 78811559 (December 3, 2014) [not precedential]. [Refusal to register SEACRET (in stylized form) for "products containing ingredients from the Dead Sea, namely, non-medicated skin care preparations, namely, moisturizers, facial cleansers, facial peels, masks, lotions, creams , scrubs, soaps, nail care preparations, hand creams, cuticle oils; after shave," in view of the registered mark SECRET for body spray and deodorant].
In re John Paul Merkel, Serial No. 85618114 (November 13, 2014) [not precedential]. [Refusal to register the mark shown below, for "Clothing, namely, shirts, t-shirts, sweat shirts, jackets, shorts, pants, caps, and hats; Footwear, namely, boxing, wrestling, and mixed martial arts shoes" in view of the registered mark dtf, in standard character form, for "“clothing, namely, shirts, t shirts, caps, visors, jackets"].
In re Duro-Last, Inc., Serial No. 85746099 (December 3, 2014) [not precedential]. [Refusal to register DURO-LIGHT for metal and non-metal skylights, in light of the registered mark DURULITE for "non-metal doors"].
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TTABlog query: How did you do? Any WYHAs here?
Text Copyright John L. Welch 2014.
Don't see the answers yet, but the last one is the only one with any chance of not being affirmed.
ReplyDeleteAll affirmed. JLW
ReplyDelete