Wednesday, April 23, 2025

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In re Hawaiian Electric Industries, Inc., Serial No. 97629984 (April 14, 2025) [not precedential] (Opinion by Judge Catherine Dugan O'Connor).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In re Dicorte Industries, Inc., Serial No. 98292162 (April 15, 2025) [not precedential] (Opinion by Judge Mark Lebow).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In re APEXO Inc., Serial No. 79321232 (April 17, 2025) [not precedential] (Opinion by Judge Cynthia C. Lynch).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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TTABlogger comment: How did you do?

Text Copyright John L. Welch 2025.

5 Comments:

At 9:39 AM, Blogger John L. Welch said...

All three refusals were affirmed

 
At 10:31 AM, Anonymous Anonymous said...

On this post, my reaction is "of course" all three were affirmed.

 
At 12:33 PM, Anonymous Anonymous said...

No surprises there IMO

 
At 10:18 AM, Anonymous Anonymous said...

All Three are WYHA's

 
At 11:55 AM, Blogger Heidi8 said...

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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