Friday, March 11, 2022

TTABlog Test: How Did These Four Section 2(d) Appeals Turn Out?

Well, we finally had a reversal, or at least a partial reversal, in a Section 2(d) appeal: see the TRITAN decision (here). But the other 40 Section 2(d) appeals decided this year resulted in affirmances. Here are four more appeals decided this week. How do you think they turned out? Answer in first comment.

In re JSS Concepts Holding Co., LLC, Serial No. 88362890 (March 3, 2022) [not precedential] (Opinion by Judge Thomas Shaw) [Section 2(d) refusal of HEIRLOOM HOSPITALITY for "Offering business management assistance in the establishment and operation of restaurants and bars; Outsource service provider in the field of business management of restaurants and bars" [HOSPITALITY disclaimed], in view of the registered mark HEIRLOOM for "Branding services, namely, consulting, development, management and marketing of brands for businesses and/or individuals."]

In re Shell Case Limited , Serial No. 79273053 (March 8, 2022) [not precedential] (Opinion by Judge Thomas Shaw). [Section 2(d) refusal of SHELL-CASE in stylized form, for "Bags, namely, all-purpose carrying bags, leather bags for packaging, leather bags for component packaging, leather bags for shipment of merchandise and components, all-purpose carrying bags for salespeople, bags for climbers in the nature of all-purpose carrying bags, all purpose carrying bags for use by campers, bag for sports, backpacks, suitcases," in view of the registered mark SHELLVCASE, for, inter alia, “Bags adapted for laptops."]

In re Billy Jack Carter, Serial No. 88464536 (March 8, 2022) [not precedential] (Opinion by Judge Karen Kuhlke). [Section 2(d) refusal of CHAPTRE in view of the registered mark CHAPTER for  overlapping real estate services.] 

In re Moonlite Bar-B-Q Inn, Inc., Serial No. 86636794 (March 9, 2022) [not precedential] (Opinion by Judge Albert Zervas. [Section 2(d) refusal of MOONLITE for "wines" in view of the registered mark MOONLIGHT MEADERY for "honey wine, wine" [MEADERY disclaimed]].


Read comments and post your comment here.

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

Text Copyright John L. Welch 2022.


At 6:54 AM, Blogger John L. Welch said...

All four refusals were affirmed.

At 7:27 AM, Anonymous Anonymous said...

It looks like the cited mark in the first proceeding was HEIRLOOM.

At 7:40 AM, Blogger John L. Welch said...

Oops. Thanks for the correction. My proofreader will by chastised.

At 8:49 AM, Blogger J.Mike said...

Well that makes more sense then


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