Wednesday, April 21, 2021

TTAB Test: Which of These Three Section 2(d) Refusal Was/Were Reversed?

On April 15th, the TTAB decided the appeals from the three Section 2(d) likelihood of confusion refusals summarized below. At least one of the three refusals was reversed. Let's see how you do in divining the results. [Answer will be found in the first comment.]


In re Golden Coffee LLC, Application Serial No. 88577515 (April 15, 2021) [not precedential] (Opinion by Judge Christen M. English). [Section 2(d) refusal of STAY GOLDEN COFFEE CO. in the stylized form shown on the specimen below [COFFEE CO. disclaimed], for "bagged coffee sold to wholesale consumers by the pound" in view of the registered mark STAY GOLDEN for "restaurant services; café services." The applicant argued that the goods and services are directed to different audiences through different channels of trade.]



In re Michelle Mora
, Serial No. 88704761 (April 15, 2021) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Section 2(d) Refusal of HIGH LIFE COSMETICS for cosmetics and not including perfumes, colognes or other fragrances [COSMETICS disclaimed], in view of the registered mark HAUTE VIE for"fragrances and perfumery." The applicant maintained that consumers would not stop and translate the cited mark.]




In re Just a Pinch Recipe Club, LLC, Serial No. 88463841 (April 15, 2021) [not precedential] (Opinion by Judge Christopher Larkin). [Section 2(d) refusal of PINCH IT! RECIPE BOX for, inter alia, "Downloadable computer application software for mobile phones, namely, software for enabling users to discover, access, share, bookmark, annotate, index, and store information about, and media content concerning, goods, services, experiences, recipes, cooking, and food, and to interact online with information and media content that other users share concerning goods, services, experiences, recipes, cooking, and food" [RECIPE disclaimed] in view of the registered mark THE RECIPE BOX for "Computer application software for mobile phones, tablet computers, and portable and handheld digital electronic devices, wireless communication devices, namely, software for creating, obtaining, editing, displaying and managing recipes, food and beverage information” [RECIPE disclaimed]. The applicant contended that "RECIPE BOX" is a weak term due to commonplace use for online databases and software].


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Text Copyright John L. Welch 2021.

3 Comments:

At 6:37 AM, Blogger John L. Welch said...

The first two were affirmed, the third reversed.

 
At 9:28 AM, Blogger Law Offices of Kevin A. Keeling, LLC said...

I got this one right!

 
At 1:43 PM, Blogger Unknown said...

Got the third but thought maybe the second could have gone either way.

 

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