A TTAB judge once 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. One of the refusals was reversed. Which one? [Answer in first comment].
In re Asept Air, Inc. , Serial No. 88265476 (January 6, 2021) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of ASEPT-AIR for "Air purification machinery units for residential, commercial and industrial use and accessories, namely, filters for air purification" in view of the registered mark shown below for "UV light disinfection systems comprised primarily of ultraviolet lamps for use in medical and healthcare facilities; Air purifiers for commercial and domestic use."]
In re Shenzhen Airsmart Technology Co., Ltd., Serial No. 87427315 (January 14, 2021) [not precedential] (Opinion by Judge Albert C. Zervas). [Section 2(d) refusal of MUZEN in stylized form (below left) for "Acoustic membranes; Blank CD-ROMs for sound or video recording; Cabinets for loudspeakers; Compact disc players; Headphones; Horns for loudspeakers; Juke boxes for computers; Personal stereos; Portable media players; Sound transmitting apparatus," in view of the registered mark MUSES & Design (below right) for "Integrated circuits; operational amplifiers; 3-D surround-sound processors; electronic circuits; audio amplifiers; audio circuit boards; computer accelerator boards; and computer expansion boards." [N.B. "muzen" is Dutch for "muse"]].
In re Anastasia Confections, Inc., Serial No. 87588050 (January 14, 2021) [not precedential] (Opinion by Judge Peter W. Cataldo). [Section 2(d) refusal of the mark shown below for "coconut and chocolate confections; cookies; chocolates; chocolate snacks; baked goods, namely, cookies, chocolate-based bakery goods, and coconut-based bakery goods" in view of the registered mark THE TASTE OF PARADISE for "processed macadamia nuts."]
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