TTABlog Test: Which of These Three Recent Section 2(d) Appeals Resulted in Reversal(s)?
So far this year, the Board has reversed 7 of the more than 130 Section 2(d) refusals that it has reviewed. Here are three recent Board decisions. At least one of the refusals was reversed. Which one(s)? [Results in first comment].
In re Public Joint Stock Company Acron, Serial No. 79301495 (August 4, 2022) [not precedential] (Opinion by Judge Cheryl S. Goodman) [Section 2(d) refusal of the mark ACRON in the sylized form shown below, for "Gardening; landscape gardening; horticulture services; aerial and surface spreading of fertilizers and other agricultural chemicals; plant nursery services," in view of the registered mark ACRON in standard form, for "Construction, namely construction consultancy, construction planning."]
In re Everfresh Beverages Inc., Serial No. 88900190 (August 2, 2022) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusal of LA CROIX GUAVA SAO PAULO for "sparkling water" [GUAVA disclaimed], in view of the registered mark SAO PAULO STRAWBERRY LEMON for "non-alcoholic beverages containing fruit juices; fruit flavored beverages; fruit-flavored drinks; fruit based beverages; fruit based beverages enhanced with antioxidants; [and] fruit flavored beverages enhanced with antioxidants" [STRAWBERRY LEMON disclaimed].]
In re SBOX Holdings LLC, Serial No. 88886981 (August 10, 2022) [not precedential] (Opinion by Judge Cynthia C. Lynch) [Section 2(d) refusals of CAMBIO for "jewelry" and "retail store services featuring jewelry," in view of the registered mark CAMBIARE for "jewelry."]
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TTABlog comment: How did you do? See any WYHAs?
Text Copyright John L. Welch 2022.
2 Comments:
The ACRON decision was reversed. The others affirmed
The ACRON services seemed just enough unrelated to construction services and planning. From the EA's perspective, landscape planning, if substantial enough could entail construction.
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