Friday, November 17, 2017

TTAB Test: Which Of These Three Section 2(d) Refusals Was Reversed?

Here we go again! I hear the trumpets blow again! Oh, nevermind. You may recall that a TTAB judge once remarked that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services. Here for your consideration are three TTAB decisions rendered two days ago in Section 2(d) appeals. One was reversed. Which one? [Answer in first comment].

In re Lonely Hearts Club Limited, Serial Nos. 79174419 and 79176727 ((November 15, 2017) [not precedential] (Opinion by Judge Karen Kuhlke) [Section 2(d) refusal to register the marks LONELY, in standard character and design form, for  "Clothing, namely, lingerie excluding socks and stockings." in view of the registered mark LONELYSHOES for "Footwear, ballet shoes in the nature of flat shoes, slippers, shoes, half-boots, sandals, clogs being footwear, soles, socks and stockings"].

In re James Robinson, Serial No.86914326 (November 15, 2017) [not precedential] (Opinion by Judge Cindy B. Greenbaum) [Section 2(d) refusal of LEAF BY OSCAR in view of the registered mark OSCAR, both for cigars].

In re Q’Sai Co., Ltd., Serial No. 79157321 (November 15, 2017) [not precedential] (Opinion by Judge Lorelei Ritchie) [Section 2(d) refusal of the mark Q’SAI for fruit juice, concentrates for making fruit juice, vegetable juices, and food products, in view of the registered mark SAI for "soft drinks, namely, noncarbonated soft drinks; beauty beverages, namely, energy drinks containing mineral supplements"].

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Text Copyright John L. Welch 2017.


At 5:52 AM, Blogger John L. Welch said...

The Q'SAI refusal was reversed.

At 8:46 AM, Anonymous Anonymous said...

I have been practicing for 25 years and confess that only get about 50% right. I would have affirmed all three rejections. Thanks for the Blog.

At 10:22 AM, Blogger Dave Oppenhuizen said...

Got it! The first two were too close for there to be any doubt.

Just wanted to say thank you John for everything you do. Some of these TTAB decisions tend to feel monotomous, but they are great practice and help keep the skills sharp for rendering those trademark search opinions on the close calls.


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