Thursday, October 03, 2019

TTABlog Test: How Did These Three Recent Section 2(d) Appeals Come Out?

September 30th was the last day of the USPTO fiscal year. Here are three of the five TTAB decisions issued on that day in Section 2(d) appeals. I'm not giving any hints, so you're on your own. How do you think these appeals came out? [Answer in first comment].


In re Arizona Elk Society, Serial No. 87782453 (September 30, 2019) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Section 2(d) refusal of HEALING THROUGH HUNTING for "conducting guided outdoor expeditions" in view of the registered mark HEALING ON THE HUNT for "organizing hunting, fishing, and outdoor trips for wounded combat veterans to help heal"].


In re Intrepid Studios Inc., Serial Nos. 87561113 and 87561116 (September 30, 2019) [not precedential] (Opinion by Judge Thomas Shaw). [Section 2(d) refusal of INTREPID STUDIOS, in standard character and design form, for "Computer game software; Downloadable electronic game software for use on computers; Downloadable software for video games and massively multiplayer online role-playing games (MMORPGs); [and] Video game software" [STUDIOS disclaimed] in view of the registered mark INTREPID PICTURES, in standard character and design form, for "Production and distribution of motion pictures" [PICTURES disclaimed]].


In re Kyle Meade, Serial No. 88141931 (September 30, 2019) [not precedential] (Opinion by Judge Thomas Shaw). [Section 2(d) refusal of the mark ACCIAL CAPITAL [CAPITAL disclaimed] in view of the registered mark AXIAL in standard character and design form, all for financial advisory services].


Read comments and post your comment here.

TTABlog comment: How did you do? See any WYHAs?

Text Copyright John L. Welch 2019.

6 Comments:

At 5:29 AM, Blogger John L. Welch said...

All three were affirmed.

 
At 7:03 AM, Blogger Unknown said...

Affirmed, overturned, affirmed.

 
At 7:33 AM, Anonymous Carole Barrett said...

Got them all.

 
At 12:08 PM, Blogger Dee said...

That's what I would have done.

 
At 12:48 PM, Blogger Eddie said...

Makes Sense to me. No reason to try and lean up against existing marks. The world would get too confusing if that were allowed.

 
At 2:01 PM, Anonymous Valerie said...

Nailed it!

 

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