Tuesday, April 09, 2024

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

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods/services. Here are the three such appeals recently decided by the TTAB. How do you think these three came out? No hints this time. [Answers in first comment.]

In re Pace 49, Inc., Serial No. 90873297 (April 4, 2024) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusal of PACE KLEENGROW for “Algicides, fungicides, bactericides, disinfectants, and virucides for greenhouse structures and equipment and public areas surfaces; Pesticide for ornamental crops in greenhouses and in greenhouse recirculated irrigation systems,” in view of the registered mark CLEANGROW for “Water treatment chemicals for use in greenhouse and hydroponic systems; chemical products for preventing scale; nutrients for hydroponic and soil medias; fertilizers, namely, hydroponic fertilizers, fertilizers for use in greenhouse and hydroponic systems, and multi-phase liquid-based fertilizers."]

In re Cuts Clothing, Inc., Serial No. 90880357 (April 4, 2024) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal to register VERSAKNIT for "textile fabrics for the manufacture of clothing" in view of the registered marks VERSAFLEX for “Non-woven textile fabrics” and VERSATECH for "Woven fabric for use in the manufacture of apparel and other related uses.”]

In re Premium Economy Concepts LLC, Serial No. 90014041 (April 5, 2024) [not precedential] (Opinion by Judge Christopher C. Larkin). [Section 2(d) refusal to register DRT MOTORSPORTS for "bolt-on styling parts including bumpers, fenders, doors, grills, tire carriers, and hood scoops for off-road recreational vehicles" [MOTORSPORTS disclaimed], in view of the registered mark DRT STYLE for "automotive accessories, namely, fender flares."]

Read comments and post your comment here.

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

Text Copyright John L. Welch 2024.


At 7:07 AM, Blogger John L. Welch said...

All three were affirmed.

At 7:44 AM, Blogger Jeff said...

My dog has a classic maguc 8 balling from the 70's. He has some insight.

At 3:27 PM, Blogger ESBJanuary said...

In addition to WYHA, I would love another question to be, "Should the prior mark have been granted?" Often it seems the registered mark is very weak if not full on descriptive. DRT STYLE for stylized items relating to offroad vehicles? And this week's batch is not even the most egregious.


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