Friday, November 11, 2022

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

So far this year, the Board has affirmed 155 of the 167 Section 2(d) refusals on appeal (just about 93%). Here are three decisions that came down recently. How do you think they came out? [Results in first comment].

In re YASA Marketing, Inc.
, Serial No. 88751408 (October 22, 2022) [not precedential] (Opinion by Judge Michael B. Adlin) [Section 2(d) refusal of the mark DEL MOLCAJETE for "salsa, hot sauce" in view of the registered mark EL MOLCAJETE & Design (shown below) for "dried chilies for food consumption, and dried [sic]." [“The English translation of the word 'EL MOLCAJETE' in the mark is 'THE MORTAR'"].

In re Dorinda Medley, Inc.
, Serial No. 90235507 (November 3, 2022) [not precedential] (Opinion by Judge Jonathan Hudis). [Section 2(d) refusal of BLUE STONE MANOR for various clothing items, in view of the registered mark BLUE STONE for overlapping clothing items.]

In re Tiny Boxwood’s Holdings, LLC, Serial No. 90263427 (November 9, 2022) [not precedential] (Opinion by Judge Jonathan Hudis) [Section 2(d) refusal of TINYS MILK & COOKIES for, inter alia, "breads, croissants, donuts, muffins, rolls and scones" [MILK & COOKIES disclaimed] in view of the registered mark TINY'S TINY PIES for "pies" [TINY PIES disclaimed]].

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


At 6:23 AM, Blogger John L. Welch said...

All three refusals were affirmed.

At 7:59 AM, Blogger Gene Bolmarcich, Esq. said...

Here we go again...BLUE STONE MANOR will be seen as a line extension of BLUE STONE. I wish they would cite the major marketing study that concluded that but they never do...hmmm..

At 12:40 PM, Anonymous Anonymous said...

All three WYHAs


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