Friday, November 02, 2018

Three Section 2(d) TTAB Cases: How Do You Think They Came Out?

Here are three recently decided Section 2(d) cases: one opposition and two appeals. See if you can "guess" how they came out. [Answer in first comment].

In re I.L.L.A. S.P.A., Serial No. (October 30, 2018) [not precedential] (Opinion by Judge Robert H. Coggins) [Refusal to register OLLIA-TECH for "Non-stick coatings for pans, cookware, baking trays, small electric kitchen apparatus and utensils; and Frying pans; skillets; earthenware saucepans; saucepans; pots for cooking; household utensils, namely, graters; kitchen utensils, namely, splatter screens," in view of the registered mark OLIA DESIGN for “glass wares, namely, decorative, and handcraft art objects of glass; beverage glassware; mugs; cups and mugs” [DESIGN disclaimed] Applicant maintained that the marks are pronounced differently and have different connotations ("tech" versus "design."]

Vineyard 29, LLC v. 29 Wine Company, LLC, Opposition No. 91227774 (October 29, 2018) [not precedential] (Opinion by Judge Jyll Taylor) [Opposition to registration of HIGHWAY 29 for wine in view of the registered mark 29 for wine. Applicant pointed to five other entities using "29" as part of a mark].

In re 8415927 Canada, Inc., Serial Nos. 87056710 and 87056720 (October 25, 2018) [not precedential] (Opinion by Cindy R. Greenbaum) [Refusal to register the mark DIVE PRIME SEAFOOD in standard character and the design form shown below left for "bar services; restaurant services; take-out restaurant services" [PRIME SEAFOOD disclaimed]  in view of the registered marks DIVE COASTAL CUISINE in standard character and the design form shown below right for restaurant services [COASTAL CUISINE disclaimed]. Applicant cited 22 third-party registrations for restaurant mark containing the word DIVE, and also contended that the word has differing meanings in the respective marks.]

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TTABlog comment: How did you do?

Text Copyright John L. Welch 2018.


At 5:45 AM, Blogger John L. Welch said...

opposition sustained; refusals affirmed.

At 1:12 PM, Blogger Valerie N said...

No surprise on these...

At 8:32 AM, Anonymous Anonymous said...

In the first one, the application will register for IC 2.


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