TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
Here are three recent Section 2(d) appeals. No hint this time. How do you think they came out? [Answer in first comment].
In re Hawaiian Electric Industries, Inc., Serial No. 97629984 (April 14, 2025) [not precedential] (Opinion by Judge Catherine Dugan O'Connor). [Section 2(d) refusal of the mark shown below, for "providing banking information; providing investors with financial information," in view of the registered mark HEI HOTELS & RESORTS for services including "real estate investment trust services; investment management in the field of hotel and resort properties" [HOTELS & RESORTS disclaimed].
In re Dicorte Industries, Inc., Serial No. 98292162 (April 15, 2025) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusal of the mark GIULIA & Design for "Alcoholic beverages, namely, distilled blue agave liquor," in view of the registered mark GIULIA E FRANCESCO for "Alcoholic beverages, except beer; preparations for making alcoholic beverages in the nature of flavored liquors and essences; wine; sparkling wines; liqueurs."]
In re APEXO Inc., Serial No. 79321232 (April 17, 2025) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Section 2(d) refusal of the mark AFS & Design for "Pre-installed integrated recorded computer and mobile phone software for precision ballistics and firearm targeting; portable electronics apparatus composed of a mobile computer, digital weather station instruments, a telemeter and a global positioning system (GPS) used for precision ballistics and firearm targeting; all of the foregoing for military or law enforcement purposes." in view of the registered mark AFS for "Gun cases, gun and rifle cases and ammunition cans; gun cleaning kits comprised of gun-cleaning brushes; range cord, namely barrel bore-cleaning rope for rifles, handguns, shotguns and muzzleloaders; shooting equipment, namely, mounts for attaching gun sights to a firearms [sic]; shooting accessories, namely, gun rests."]
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Text Copyright John L. Welch 2025.
5 Comments:
All three refusals were affirmed
On this post, my reaction is "of course" all three were affirmed.
No surprises there IMO
All Three are WYHA's
As someone whose name begins HEI, I found reading that case to be a little strange. Also, I kept thinking of the chicken from Moana.
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