TTABlog Test: Three More Section 2(d) Refusals For Your Review

And the hits keep coming on Radio TTAB. Here are three recent Board decisions in Section 2(d) appeals. How do you think they came out? [Answers in first comment.]

In re Sellersfunding Corp., Serial No. 97231564 (June 17, 2024) [not precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d) refusal of the mark COMMERCEPAY for "Providing working capital financing to small businesses and small business owners; Accounts receivables financing; financing services" in view of the registered mark COMMERCEPAYMENTS for, inter alia, "banking services" and various financial services.]

In re Soil Basics Corporation, Serial No. 97183502 (June 18, 2024) [not precedential] (Opinion by Judge Thomas L. Casagrande) [Section 2(d) refusal to register SBC SOBEC CLUTCH for "Fertilizers for use in the field of commercial agriculture" in view of the registered mark CLUTCH for "Insecticides for use in agriculture."]

In re FWREF II Rochester, LLC, Serial No. 97343258 (June 18, 2024) [not precedential] (Opinion by Judge Jennifer L. Elgin) [Section 2(d) refusal of ROYAL PARK HOTEL for, inter alia, provision of facilities for conventions, special event planning services, recreational planning services, entertainment services, namely, wine tasting. and restaurant services [HOTEL disclaimed]. in view of the registered mark PARK ROYAL HOTELS & RESORTS & design (shown below) for "Travel club services; travel agency services, namely, arranging and booking air, ground and sea transportation, arranging and booking cruises; arranging of transportation for travel tours" and for "Restaurant services; Providing online reservations and bookings for temporary lodging and accommodations; Travel agency services, namely, making reservations and booking for temporary lodging"[HOTELS & RESORTS disclaimed].]

Read comments and post your comment here.

TTABlog comment: Predictions? See any WYHA?s? PS: the CLUTCH opinion is worth reading for its down-to-earth discussion of the DuPont factors.

Text Copyright John L. Welch 2024.