TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
A TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time by looking just at the marks and the goods. Here are three more Section 2(d) appeals for your consideration. How do you think they came out? [Results in first comment].
In re Kenzo Ltd., Serial No. 79272212 (May 23, 2022) [not precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d) refusal of the mark shown below left, for "wine," in view of the registered mark show below right, for "vodka."]
In re Weber Maschinenbau GmbH Breidenbach, Serial No. 79281976 (June 13, 2022) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of WEBER WEPACK for "Packaging machines for foodstuffs; robots for food packaging; conveyors for packaging food portions and food products; conveyor belts for food packaging machines; machines for separating and isolating packaged foodstuffs; machines for labeling and lettering food packaging; parts and fittings for the aforesaid goods," in view of the registered mark WEPACKIT for "packaging machines"]
In re Mary Louise Jones, Serial No. 88723679 (June 15, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson) [Section 2(d) refusal of MARY’S EDIBLES, for "Nutritional supplements in the form of gummies," in view of the registered mark MARY’S MEDICINALS for "transdermal patches featuring herbal supplements and neutraceuticals for nausea, insomnia, anxiety, inflammation, pain relief and an improved sense of well-being."]
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TTABlog comment: How did you do? See any WYHAs?
Text Copyright John L. Welch 2022.
posted by John L. Welch @ 6/17/2022
2 comments
2 Comments:
All three refusals were affirmed
The refusal of "ren" is well-reasoned. Additionally, researching beyond the ruling, the use of the pronunciation, "ren," for the single stand-alone kanji struck me as odd. Sure enough, a little investigation turned up this statement:
"The ren reading is seldom used on its own. It is most often used in compounds."
See: https://en.wiktionary.org/wiki/[insert the kanji].
That kanji, standing alone, I would expect to be pronounced, "hasu". Unless it is used as a surname or a female given name -- which the Applicant apparently did not intend, based upon the Applicant's arguments.
Feel free to educate me otherwise. Japanese is a fascinating language.
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