Monday, April 25, 2022

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

So far this calendar year, the Board has affirmed 73 of the first 76 Section 2(d) refusals it has considered on appeal. Here are the latest three appeals for your consideration. [Results in first comment].

In re Versatrans, Inc., Serial No. 88909675 (April 22, 2022) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusals of VERSA AGENCY for "Advertising, marketing and promotion services, namely creating advertising content and promotional materials for others; production of advertising materials" [AGENCY disclaimed], in view of the registered mark VERSAFEED for “Promoting the goods and services of others by means of distributing advertising on the Internet."]

In re Spectrum Image, Inc., Serial No. 88733158 (April 22, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson) [Section 2(d) refusal of IBODY AESTHETICS, in standard characters, for "Cosmetic and plastic surgery; Plastic surgery” [AESTHETICS disclaimed], in view of the registerd mark THE IBODY & Design for, inter alia, "medical aesthetic procedures, including, laser hair removal, laser peels, botulinum toxin treatments, microdermabrasion, liposuction, vein treatments, vein therapy, cellulite treatments, body contouring treatments, injectable filler treatments, facials, and skin care."]

In re Vermont Juvenile Furniture Manufacturing, Inc., Serial No. 88400594 (April 22, 2022) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 2(d) refusal of PAWTY, in standard characters, for an "enclosure made of fabric for house-training pets, specifically designed to cover animal litter boxes, disposable pet pads and artificial or real grass patches," in view of the registered mark LUCKY’S PAWTY & Design for "plastic bags for disposing of pet waste."]

Read comments and post your comment here.

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

Text Copyright John L. Welch 2022.


At 6:24 AM, Blogger John L. Welch said...

All three were affirmed.

At 7:08 AM, Blogger Matt Pritchard said...

Not surprising with a 95% plus affirmance rate fr the TTAB.


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