Monday, February 05, 2024

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

Here are the three Section 2(d) appeals recently decided by the TTAB. So far this year, the affirmance rate of Section 2(d) appeals is over 90%. How do you think these three came out? [Answers in first comment.]

In re Ol Happ’s Place Restaurant, LLC, Serial No. 90738221 (January 26, 2024) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of the mark shown below left [FINE FARE, ESTD 1997, and PLACE disclaimed], in view of the registered mark shown below right [PIT BARBECUE disclaimed], both for restaurant services

In re Adrenalin Technologies, LLC, Serial No. 90303848 (January 31, 2034) [not precedential] (Opinion by Judge Cheryl S. Goodmann). [Section 2(d) refusal of NIFTY FIFTIES for "Entertainment services in the nature of an amusement park attraction, namely, a themed area," in view of the registered mark NIFTY FIFTY'S (Stylized) (shown below) for “restaurant and carry out food services."]

In re Kattina V. Barsik, Linda D. Barsik, Sean E. Barsik and Tamara A. Barsik, Serial Nos. 90691080 and 90691470 (February 1, 2024) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Section 2(d) refusals of THE BOOKSTORE and THE BOOKSTORE SPEAKEASY [SPEAKEASY disclaimed] in view of the mark shown below, all for restaurant and bar services [Section 2(f) claim for BOOKSTORE BAR and BISTRO and BAR disclaimed].

Read comments and post your comment here.

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

Text Copyright John L. Welch 2024.


At 6:51 AM, Blogger John L. Welch said...

All three refusals were affirmed.

At 10:52 AM, Anonymous Anonymous said...

I've been prosecuting trademarks for 30 years and when I read only your posting on the second two cases, I would have predicted reversals with a high degree of confidence. When I read "Bookstore Bar" (in tiny font no less) I assume it refers to a coffee bar in an actual bookstore (with an associated "restaurant" of the type they have at B&N). As for the other one, I can't wait to learn how restaurants are related to themed sections of parks, at least enough so, given the inherently weak nature of that mark in referring to a 50s theme.


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