Thursday, April 27, 2023

TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?

So far this year, the percentage of Section 2(d) affirmances is lower than the historical average of about 90%. Here are three more refusals on appeal. At least one was reversed. How do you think these three cases came out? [Results in first comment].

In re Valhalla Spirits, LLC, Serial No. 90729792 (April 12, 2023) [not precedential] (Opinion by Judge Robert H. Coggins) [Section 2(d) refusal of VALHALLA VOKDA for “alcoholic beverages, namely, vodka and beverages containing vodkas" [VODKA disclaimed], in view of the registered mark VALHALLA for "alcoholic beverages, namely, wines."]

In re Laxamentum Technologies, LLC, Serial No. 90441532 (April 25, 2023) [not precedential] (Opinion by Judge Christopher Larkin) [Section 2(d) refusal of GAMEGUARDIAN for "Providing website featuring a forum on video game cheats, video game information, news, game play strategies, frequently asked questions about video games, journals, previews, reviews and commentary on video games," in view of the registered mark GUARDIAN GAMES for "retail game stores; retail store services featuring games" [GAMES disclaimed].

In re Galhuma Trading, Inc., Serial No. 90211174 (April 25, 2023) [not precedential] (Opinion by Judge Angela Lykos) [Section 2(d) refusal of YESMODERN for on-line retail store services featuring furniture, in view of the registered mark YES! YES! MODERNS for retail store and wholesale store services featuring outdoor and external blinds.]

Read comments and post your comment here.

TTABlog comment: How did you do? See any WYHA?s

Text Copyright John L. Welch 2023.


At 10:16 AM, Blogger John L. Welch said...

The GAMEGUARDIAN refusal was reversed.

At 10:52 AM, Blogger Scott Brown said...

I picked right and I'm very satisfied with myself now.

At 1:34 PM, Blogger Eddie said...

Nope, no way to guess that--unless they're just different channels. Both are Guardian. No one can own games.
If anything, YESMODERN over YES! YES! MODERNS. Even there I would have sustained.

At 2:20 PM, Blogger Unknown said...

The Boarrd agreed with me!!!

At 4:58 PM, Anonymous Anonymous said...

Enough difference in goods and channels in the GG case


Post a Comment

<< Home