Tuesday, October 12, 2021

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

Among the flurry of opinions issued by the Board on September 30th, the last day of the USPTO's fiscal year, were the three listed below, all involving appeals from Section 2(d) refusals. One of the refusals was reversed. How do you think these came out? [Answer in first comment].

In re GK Legacy Foundation, Serial No. 88449012 (September 30, 2021) [not precedential] (Opinion by Judge Jyll Taylor) [Section 2(d) refusal of KEEP YOUR CHIN UP SCHOLARSHIP FUND and Design for "Charitable foundation services, namely, providing fundraising activities, funding scholarships and/or financial assistance for adults returning to college" [SCHOLARSHIP FUND disclaimed] in view of the registered mark THE CHIN UP FOUNDATION and Design for "Charitable services, namely, coordination of non-monetary contributions to charities and non-profits" [FOUNDATION disclaimed]

In re Hangover Zero, Serial No. 90083241 (September 30, 2021) [not precedential] (Opinion by Judge Albert Zervas) [Section 2(d) refusal of HANGOVER ZERO for dietary and nutritional supplements, in view of the registered mark ZERO HANGOVER THE LAST DEFENSE & Design for dietary supplements [HANGOVER disclaimed in both marks].

In re Boot Royalty Company, L.P., Serial No. 88727081 (September 30, 2021) [not precedential] (Opinion by Judge Elizabeth A. Dunn) [Section 2(d) refusal of R2G ROOM 2 GROW and Design for "insoles, footwear," in view of the registered mark ROOM TO GROW for "charitable services, namely the collection and distribution to the needy of clothing and other usable goods."]

Read comments and post your comment here.

TTABlog comment: How did you do? See and WYHAs here?

Text Copyright John L. Welch 2021.


At 6:30 AM, Blogger John L. Welch said...

The third refusal was reversed.

At 11:28 AM, Blogger Dave Oppenhuizen said...

Had to be the last one. Those first two were WYHAs for sure!

At 7:02 AM, Blogger Sylvia Mulholland said...

Agree, the first two were definite WHYHAs, the third] the correct result.


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