Thursday, July 28, 2022

TTABlog Test: Eight Section 2(d) Refusals (in Three Opinions), Two Refusals Reversed - Which Ones?

Here are the Board's three latest opinions in Section 2(d) appeals, involving a total of eight refusals (six in the second case). Two of the refusals were reversed. Which ones? [Results in first comment].

In re Radnet, Inc., Serial No. 90492198 (July 25, 2022) [not precedential] (Opinion by Judge Marc A. Bergsman) [Section 2(d) refusal of the mark YOUR BODY for “downloadable podcasts in the field of medical health by medical doctors and others experienced in the relevant medical topics discussed," in view of the registered mark YOURBODY.COM for "providing information and advice on aerobics and general health issues through electronic media."]

In re Streamline Performance Boats, Corp., Serial Nos. 88621502 and 88621520 (July 26, 2022) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 2(d) refusals to register STREAMLINE BOATS in character and word-plus-design form, each for (1) Boat hulls; Boats; Boats and structural parts therefor; Fishing boats; Fitted covers for boats and marine vehicles; Recreational watercraft, namely, boats and yacht (Class 12), (2) Boat dealerships; Dealerships in the field of boats and yachts; Wholesale and retail store services featuring boats and yachts (Class 35), and (3) custom manufacture of Boats (Class 40) [BOATS disclaimed], in view of the registered mark STREAMLINE TANKERS GMBH & Design for "apparatus for locomotion by water, in particular vessels and tankers" [TANKERS GMBH disclaimed].

In re Ucorp Pty Ltd, LLC, Serial No. 90349154 (July 26, 2022) [not precedential] (Opinion by Judge Christopher Larkin) [Section 2(d) refusal CHEMWATCH & Design for "Software as a service (SAAS) services featuring software for authoring safety data sheet documents," in view of the registered mark CHEMICAL WATCH & Design for "Providing online non-downloadable cloud software for professional learning in the field of regulation of chemicals and the management of chemical risks" and "providing an online non-downloadable cloud database of regulatory documents and news sources in the field of regulation of chemicals and the management of chemical risks" [CHEMICAL disclaimed]].

Read comments and post your comment here.

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

Text Copyright John L. Welch 2022.


At 6:22 AM, Blogger John L. Welch said...

The two STREAMLINE BOATS reversals in class 35 were reversed. All others affirmed.

At 11:41 AM, Blogger Gene Bolmarcich, Esq. said...

Such a bizarre outcome in the boat case. It seems that the examining attorney could have easily found evidence that boats and boat dealerships are related. Isn't that virtually assumed in many cases dealing with goods on the one hand and the retail sale of those goods on the other hand?


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