Test Your TTAB Judge-Ability: Which One of these Section 2(d) Refusals Was Reversed?

It has been said that that the outcome of most Section 2(d) likelihood of confusion cases may be predicted just by looking at the marks and the identified goods/services, without more. So try your adjudicatory skills on these four appeals. [Answer in first comment].



In re Grain Audio, LLC, Serial No. 85528202 (November 22, 2013) [not precedential]. [Refusal of GRAIN AUDIO for audio speakers, amplifiers, receivers, and other audio equipment [AUDIO disclaimed], in view of the registered mark EGRAIN for, inter alia, radio transmitters and audio
receivers].

In re Sunton Enterprises Inc., Serial No. 85253147 (November 25, 2013) [not precedential].[Refusal of AY LAZZARO for "handbags; trunks," in view of the registered mark LAZARO for "handbags, briefcases, briefcase-type portfolios, wallets"].

In re Jay at Play International Hong Kong Limited, Serial Nos. 76709622 and 76709776 (November 26, 2013) [not precedential]. [Refusals of CUDDLEUP FRIENDS and CUDDLEUPPETS for "plush stuffed animals integrally attached to blankets," in light of the registered mark CUDDLE-UPS for "plush toys, namely, soft cushioned animal figures"].

In re The Works Gourmet Burger Bistro, Inc., Serial No. 76704958 (November 29, 2013) [not precedential]. [Refusal to register THE WORKS for "Clothing, namely, t-shirts, tank tops, vests, jackets,sweatshirts, hats and baseball caps related to restaurant services and food products," in view of the registered mark WORKS for "clothing, namely, t-shirts related to motorsports, motorsports racing jerseys, and motorcycle racing pants"].

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TTABlog note: See any WYHA?s here?

Text Copyright John L. Welch 2013.

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