A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal about 95% of the time just by looking at the marks and the goods/services. Here are three recent Board decisions. How do you think they came out?
In re Hi-Tech Pharmaceuticals, Inc., Serial No. 97092374 (October 7, 2024) [not precedential] (Opinion by Judge Robert H. Coggins). [Section 2(d) refusal of the mark EQUIPOISE for "dietary supplements" in view of the registered mark AQUIPOISE for "health food supplements; vitamins; dietary and nutritional supplements; vitamin and mineral supplements."]
In re In re Muhammad A Al-Ansari, Dallas W. Patterson and Gordon K. Skinner, Serial No. 97617649 (October 8, 2024) [not precedential] (Opinion by Judge Catherine Dugan O'Connor) [Section 2(d) refusal of the mark THANKS SKATEBOARDING CLUB for "Clothing, namely, t-shirts, hooded sweatshirts, crewnecks, and shorts; socks" and for "Skateboards" [SKATEBOARDING disclaimed] in view of the registered mark THANK YOU SKATEBOARDS for "clothing; footwear; headwear; jackets; short-sleeved or long-sleeved T-shirts; shorts; socks; sweaters; sweatpants; tops as clothing" and for "Skateboard decks; skateboard grip tapes; skateboard trucks; skateboard wheels; skateboards; bags for skateboards" [SKATEBOARDS disclaimed]].
In re In re Cratus Enterprises LLC dba Vintage Muscle, Serial No. 90873360 (October 9, 2024) [not precedential] (Opinion by Judge Wendy B. Cohen). [Section 2(d) refusal of the mark VINTAGE MUSCLE for "nutritional and health food supplements featuring anabolic precursor and pro-hormone formulations" [MUSCLE disclaimed] in view of the registered mark VINTAGE BURN for “dietary and nutritional supplements."]
Read comments and post your comment here.
TTABlogger comment: How did you do? See any WYHA?s.
Text Copyright John L. Welch 2024.
All three were affirmed
ReplyDeleteMy quads are feeling blasted and I need to get on some gear after seeing the result in that VINTAGE MUSCLE v BURN one. That's a lot of protection being afforded to VINTAGE, a suggestive term used to evoke the golden era of bodybuilding. The Board might need do an old-school squat-bench-deadlift workout, and get in the tanning bed, to come correct after that decision.
ReplyDeleteIs that a silhouette of Mike Mentzer I see on the product for the third case? See https://en.wikipedia.org/wiki/Mike_Mentzer.
ReplyDelete