About ten years ago, a TTAB judge said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. Here are three recent decisions in appeals from Section 2(d) refusals, decided on the same day. How do you think these came out? [Answers in first comment].
In re Auto Parts Avenue, LLC, Serial No. 87804250 (March 20, 2020) [not precedential] (Opinion by Judge Peter W. Cataldo). [Section 2(d) refusal of AUTO PARTS AVENUE for "Lights for vehicles; rear lights for vehicles; tail lights for vehicles" and for "Automotive door handles" [AUTO PARTS disclaimed], in view of the registered mark AUTOMOTIVE AVENUES for "Automobile dealerships; retail store services featuring automotive accessories" and "Automotive maintenance and repair" [AUTOMOTIVE disclaimed]].
In re James R. Fonda, Serial No. 86817837 (March 20, 2020) [not precedential] (Opinion by Judge Jonathan Hudis). [Section 2(d) refusal of FIRST INDEPENDENT CHURCH OF SCIENTOLOGY for "spiritual ministry services" in light of the registered mark SCIENTOLOGY for"religious and ministerial services including pastoral counseling"].
In re Immobiliare M.V. S.R.L., Serial No. 79154979 (March 20, 2020) [not precedential] (Opinion by Judge Jyll Taylor) [Section 2(d) refusal of THE ORIGINAL HOOLI and Dog Head Design (shown below) for "clothing, footwear, and headgear, namely, tops, bottoms, jackets, suits, dresses, hats and footwear, except for t-shirts" [THE ORIGINAL disclaimed] in view of the registered mark" HOOLI for "clothing, namely, t-shirts"].
Read comments and post your comment here.
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.
