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Wednesday, September 22, 2021

TTABlog Test: Which of These Three Section 2(d) Refusals Was Reversed?

The Board recently decided the appeals from the three Section 2(d) refusals described below. One of the refusals was reversed. How do you think these came out? [Answer in first comment].



In re Stella & Chewy's LLC, Serial No. 88916952 (September 20, 2021) [not precedential] (Opinion by Thomas Shaw) [Section 2(d) refusal of CRAV'N BAC'N BITES for "edible pet treats" [BAC'N BITES disclaimed] in view of the registered mark CRAVIN' CHICKEN DINNER for "pet food; pet treats" [CHICKEN DINNER disclaimed]. Applicant argued that consumers will not encounter the products together in the marketplace because its goods are bacon treats for dogs whereas the registrant's products are chicken dinners for cats.]

In re Keygo LLC, Serial No. 88588055 (September 15, 2021) [not precedential] (Opinion by Judge Thomas W. Wellington) [Section 2(d) refusal of URBAN GREEN in the stylized form shown below, for "towels; wrapping cloth for general purposes; children’s towels; cotton base mixed fabrics; cotton fabric; kitchen towels; washcloths; all of the foregoing goods made from environmentally friendly materials" [GREEN disclaimed], in view of the registered mark urbangreen for various types of furniture "made from environmentally friendly materials" [FURNITURE disclaimed]. Applicant argued that the terms "urban" and "green" are weak formatives for goods in classes 20 and 24.]


In re Weber State Federal Credit Union, Serial No. 88675314 (September 14, 2021) [not precedential] (Opinion by Judge Robert H. Coggins) [Section 2(d) refusal of ASCENT FEDERAL CREDIT UNION for "Credit union services, namely, providing checking and savings accounts, mortgage lending, savings and loan services, bill payment, financing, ATM banking services, individual retirement accounts, payroll tax debiting services, and electronic banking via the global computer  network, excluding providing lease financing for private student loans" [FEDERAL CREDIT UNION disclaimed], in view of the registered mark ASCENT (Stylized) for "providing lease financing for private student loans." Applicant relied on third-party use and registration evidence in arguing that ASCENT is a weak formative in the field of banking and financial services.]


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Text Copyright John L. Welch 2021.

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4 comments:

  1. John L. Welch6:31 AM

    The third one was reversed.

    ReplyDelete
  2. David M. Adler7:42 AM

    I admit to getting Weber State wrong. The opinion is a good roadmap for weakness of formative marks.

    ReplyDelete
  3. Anonymous10:33 AM

    I guessed the second one based on possible dissimilarity of the goods. But this was a real challenge since all three looked to be a lock for affirmation.

    ReplyDelete
  4. Lawrence H. Binderow12:02 PM

    John, the TTAB reversal in Weber State is one great read. Highly recommended for all your readers - - especially pages 17-29 of the decision. To be creatively used when needed in the future.

    ReplyDelete