Monday, October 21, 2019

TTABlog Test: How Did These Three Recent TTAB Appeals Come Out?

Here are three decisions issued by the TTAB last Friday, the first a Section 2(e)(1) mere descriptiveness refusal, the second a Section 2(e)(4) surname refusal, and the third a Section 2(d) likelihood of confusion refusal. How do you think they came out? Answers in first comment.

In re John Brent Moetteli , Serial No. 86491129 (October 18, 2019) [not precedential] (Opinion by Judge Frances Wolfson). [Section 2(e)(1) refusal of CASTLELOVERS for "Matchmaking services; services, namely, providing an on-line computer database featuring single people interested in meeting other single people" [Note example of use below]].

In re Kirsh Helmets, Inc. , Serial No. 87390575 (October 18, 2019) [not precedential] (Opinion by Judge Christen M. English). [Section 2(e)(4) refusal to register KIRSH for "crash helmets, motorcycle helmets; protective helmets; safety helmets; safety goggles; motorcycle goggles" on the ground that the mark is primarily merely a surname. [The Board found that KIRSH is a "somewhat rare" surname, and applicant argued, inter alia, that the mark stands for "Kinetic Impact Reactive Safety Helmet"]].

In re Sergei Orel, Serial No. 87546394 October 18, 2019) [not precedential] (Opinion by Judge Linda A. Kuczma). [Section 2(d) refusal of the mark TABOO for "Alcoholic beverages, except beer; Sparkling wines; Vodka; Wine" in view of the registered marks TABU for "Spirituous beverages" and HANDSOME DEVIL TABOO for "Alcoholic beverages, except beer" [Applicant asserted that the cited mark TABU is used only for absinthe and that sophisticated purchasers would be able to distinguish the marks]].

Read comments and post your comment here.

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

Text Copyright John L. Welch 2019.


At 9:07 AM, Blogger Eddie said...

Answers in first comment.
John, no first comment posted? My guesses:

1. CASTLELOVERS for "Matchmaking services"? --I'd give it to them for matchmaking--but the sample mark says for "hospitality Services" and "Castle Enthusiasts"---castle being another name for your home. If it's really for house services, such as parties, like it says, it's descriptive.

2. KIRSH--if there's no KIRSH last name in the applicant, I'd give it to them. I'd give them the benefit of the doubt.

3. Taboo--nope, way too close to Tabu--phonetically identical.

At 9:32 AM, Blogger John L. Welch said...

All three refusals were affirmed

At 10:03 AM, Anonymous Anonymous said...

I think what sunk the CASTLELOVERS appeal is when the applicant argued that it could refer to a lover of "a person named 'Castle.'" This one deserves a WYHMTA (would you have made that argument?).
Oh, and at least 1 and 3 are WYHA's

At 5:03 PM, Anonymous Anonymous said...

The board decides based solely on what's contained in the application only when it wants to.


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