It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services. Presented for your contemplation are four recent TTAB decisions in Section 2(d) appeals. At least one was reversed. What do you think? [Answer in first comment].
In re Inca Tea, LLC, Serial No. 85886579 (August 3, 2017) [not precedential] (Opinion by Judge Anthony R. Masiello). [Section 2(d) refusal to register the mark shown below left, for "Teas comprised of purple corn; tea blends comprised of purple corn" [TEA, 100% ALL NATURAL INGREDIENTS, and ORIGINAL disclaimed] in view of the registered mark shown below right for "teas, namely, linden and chamomile" [FOOD disclaimed]].
In re A.H.C.S., Inc., Serial No. 86782221 (August 3, 2017) [not precedential] (Opinion by Judge Karen Kuhlke) [Section 2(d) refusal of the mark GWYN'S for "Restaurant services; Restaurant services featuring fine dining on ski area mountain," in view of the registered mark GWIN'S LODGE for "Resort lodging services"].
In re Adrenalin Gaming, LLC, Serial No. 86877784 (August 4, 2017) [not precedential] (Opinion by Judge Peter W. Cataldo). [Section 2(d) refusal of the mark ADRENALIN ATTRACTIONS for "amusement part rides" [ATTRACTIONS disclaimed] in view of the registered mark ADRENALIM for "amusement park rides and water park rides"].
In re Primary Investments Grp. Ltd., Serial No. 86732652 (August 4, 2017) [not precedential] (Opinion by Judge Peter W. Cataldo). [Refusal to register MULTI-FIBER COLON CLEANSE on the Supplemental Register, for "vitamins and nutritional supplements," in view of the registered mark COLON CLEANSE for "bulk forming fiber laxative"].
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
