The TTAB affirmance rate for Section 2(d) appeals continues to run at about 90% so far this year. Here are three recent Board decisions. At least one of them resulted in a reversal. How do you think they came out?
In re Kalsec, Incorporated, Serial No. 97346119 (September 26, 2024) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusal of the mark DURASHIELD for "chemical additives for use in the manufacture of food, beverages, animal feed and pharmaceuticals" in view of the registered mark DURASHIELD PLUS for "liquid chemical compound for preserving, protecting and soil retarding of floor coverings, upholstery, furnishings, clothing, lamps, blinds, window shades, wallpaper, painted surfaces and other interior fabrics, materials and surfaces."]
In re Mick Schumacher, Serial No. 79324040 (September 27, 2024) [not precedential] (Opinion by Judge Michael B. Adlin) [Section 2(d) refusal of the mark shown below left, for "luggage; schoolbags; backpacks;" "textile flags and pennants;" and various clothing items, including jackets, shirts, and headwear, in view of the registered marks FORTY SEVEN, 47, '47, and the mark shown below right for, inter alia, backpacks, duffel bags, cloth pennants; felt pennants, and various clothing items, including jackets, shirts, and headwear.]
In re Mulligan Golf Gift Store LLC, Serial No. 97669290 (September 30, 2024) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of the mark shown below, for "Retail store services, featuring sporting goods, novelties, souvenirs, office gifts, golf equipment, apparel and accessories, custom logo golf balls, home office decorations, books, games, pranks and novelty gifts" [GOLF GIFT STORE EST. 2021 disclaimed] in view of the registered mark MULLIGANS for “Provision of an on-line marketplace for buyers and sellers of golf equipment."]
Read comments and post your comment here.
TTABlogger comment: How did you do?
Text Copyright John L. Welch 2024.
The first two were affirmed. The third was reversed.
ReplyDeleteMulligan for golf equipment doesn't violate Mulligans for golf equipment. Got it. Makes perfect sense.
ReplyDeleteWhat Gene said.
ReplyDeleteI agree with Eddie
ReplyDeleteWhat Gene and Anonymous said.
ReplyDelete