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In re Ol Happ’s Place Restaurant, LLC, Serial No. 90738221 (January 26, 2024) [not precedential] (Opinion by Judge Cheryl S. Goodman).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In re Adrenalin Technologies, LLC, Serial No. 90303848 (January 31, 2034) [not precedential] (Opinion by Judge Cheryl S. Goodmann).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V. Barsik, Linda D. Barsik, Sean E. Barsik and Tamara A. Barsik, Serial Nos. 90691080 and 90691470 (February 1, 2024) [not precedential] (Opinion by Judge Elizabeth A. Dunn).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].
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Text Copyright John L. Welch 2024.
All three refusals were affirmed.
ReplyDeleteI'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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