TTAB Test: How Would You Decide These Three Recent Section 2(d) Appeals?

Here are three Section 2(d) appeals decided two days ago. Third-party use and registration evidence played a significant role in each case. At least one of the appeals resulted in reversal of the involved refusal(s), but not all three. Applying your jurisprudential skills and/or well-honed instincts, how do you think these came out? [Answers in first comment].


In re DCT LSPD, LLC, Serial No. 87019660 (September 13, 2017) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 2(d) refusal of LONE STAR PEDIATRIC DENTAL & BRACES and Design (shown below) for dental services, in view of the registered mark LONE STAR for "medical services"].

In re RSRK Inc, Serial No. 86806911 and 86806949 (September 13, 2017) [not precedential] (Opinion by Judge Thomas Shaw). [Section 2(d) refusals of ER SHOT THERAPY and EMERGENCY RELIEF SHOT THERAPY for "analgesics" [ER SHOT and EMERGENCY RELIEF SHOT found merely descriptive and disclaimable] in view of the registered mark FIRST AID SHOT THERAPY for "clinical shots which are clinical and medical beverages in nature to address acute and chronic conditions, namely, upset stomach, allergies, pain, migraine, headache, hangover; [and] therapeutics shots in the nature of beverages which are clinical and medicinal in nature to address acute and chronic conditions, namely, upset stomach, allergies, pain, migraine, headache, hangover ...." [SHOT disclaimed]].

In re Honestly Cranberry, LLC, Serial No. 86868625 (September 13, 2017) [not precedential] (Opinion by Judge Linda A. Kuczma). [Section 2(d) refusal to register HONESTLY CRANBERRY for dried cranberries [CRANBERRY disclaimed], in view of the registered mark HONESTLY BETTER, in the stylized form shown below, for retail grocery store services and processed food products, including "processed, frozen, preserved, canned, dried, and candied fruits" [BETTER disclaimed]].

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Text Copyright John L. Welch 2017.