Tuesday, March 14, 2023

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In re Lyte Up Clothing, Serial No. 90104580 (March 2, 2023) [not precedential] (Opinion by Judge Jonathan Hudis) [Affirming refusal to register LYTE UP CLOTHING for "Hats; Suspenders; Bow ties; Halloween costumes; Halloween costumes and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D2K IP, Serial No. 90471186 (March 2, 2023) [not precedential] (Opinion by Judge Karen Kuhlke) [Affirming refusal to register HAVE A GREAT DAY for "Cups; Coffee cups; Insulating sleeve holder for beverage cups; Insulating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Help Refugees Limited, Serial No. 87476700 (March 8, 2023) [not precedential] (Opinion by Judge Albert Zervas) [Affirming refusal to register CHOOSE LOVE for various goods and services in Classes 9, 18, 25, 35, and 36, including mobile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.


At 7:29 AM, Blogger John L. Welch said...

first, genericness. second and third, failure to function.

At 12:39 PM, Anonymous Anonymous said...

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.


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