TTABlog Test: Three Recent Affirmances - Guess What Grounds ....
Here are three recent Board affirmances of final refusals. See if you can guess the ground for refusal in each case. [Answers below].
In re Lyte Up Clothing, Serial No. 90104580 (March 2, 2023) [not precedential] (Opinion by Judge Jonathan Hudis) [Affirming refusal to register LYTE UP CLOTHING for "Hats; Suspenders; Bow ties; Halloween costumes; Halloween costumes and masks sold in connection therewith; Headbands; Sweatshirts; Head wraps; Hooded sweatshirts; Ties as clothing; Tops as clothing" [CLOTHING disclaimed]].
D2K IP, Serial No. 90471186 (March 2, 2023) [not precedential] (Opinion by Judge Karen Kuhlke) [Affirming refusal to register HAVE A GREAT DAY for "Cups; Coffee cups; Insulating sleeve holder for beverage cups; Insulating sleeve holders made of paper or cardboard for jars, bottles or cans."]
Help Refugees Limited, Serial No. 87476700 (March 8, 2023) [not precedential] (Opinion by Judge Albert Zervas) [Affirming refusal to register CHOOSE LOVE for various goods and services in Classes 9, 18, 25, 35, and 36, including mobile phone covers, handbags, clothing, and charitable fundraising services.]
TTABlog comment: First one, genericness. Second and third, failure-to-function.
Text Copyright John L. Welch 2023.
posted by John L. Welch @ 3/14/2023
2 comments
2 Comments:
first, genericness. second and third, failure to function.
Failure to function, the most chickenshit of all rejections. For when an examiner just doesn't want to allow an application but is incapable of articulating a good reason. SCOTUS needs to smack the Board for this.
Post a Comment
<< Home