Friday, May 22, 2020

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

I think I've been making these TTABlog Tests too easy. I'm not giving any hints on this one. Here are three recent decisions in appeals from Section 2(d) refusals. How do you think these came out? [Answers in first comment].

In re Wesco Group, LLC, Serial Nos. 87930506 and 87930522(May 19, 2020) [not precedential] (Opinion by Judge David K. Heasley) [Section 2(d) refusals of LUMABASE and LUMABASE PERFORMANCE COATINGS for, inter alia, degreasing and cleaning solvents, paint and paint thinners, automotive paints and protective coatings, alcohol for cleaning purposes, and automotive cleaning preparations [PERFORMANCE COATINGS disclaimed], in view of the registered marks ILLUMIBASE for "Refinish coating compositions in the nature of tint bases and tint bases sold as an integral component of automotive paints" and LUMA for "Cleaning agents and preparations; Cloths impregnated with a detergent for cleaning; Laundry detergents; Washing preparations and laundry bleach"].

In re Outdoor Cap Company, Inc., Serial No. 88013497 (May 19, 2020) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of the marks shown below left for "headwear" in view of the registered marks shown below right for "shirts; t-shirts"].

In re Marshfield Consulting LLC, Serial No. 88099557 (May 19, 2020) [not precedential] (Opinion by Judge Christopher Larkin). [Section 2(d) refusal of MARSHFIELD CONSULTING for "Business technology software consultation services; Consulting services in the field of software as a service (SAAS)" [CONSULTING disclaimed], in view of the registered mark shown below for, inter alia, "Information technology consulting and advisory services," "Consulting and advisory services in the fields of design, selection, implementation, use and integration of computer hardware and software systems for others,' and "Software consulting and advisory services in the field of electronic medical records." [CLINIC INFORMATION SERVICES disclaimed].

Read comments and post your comment here.

TTABlog comment: How did you do? Any WYHAs here?

Text Copyright John L. Welch 2020.


At 6:23 AM, Blogger John L. Welch said...

The third case, Marshfield Consulting, was reversed. The other two were affirmed.

At 8:44 AM, Blogger Eddie said...

I would have affirmed the third one too. The dominant part of the mark is Marsfield.
Someone could easily confuse the two.


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