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. No hints this time. How do you
think these came out? [Answers in first comment].
In re Creativity IP PLLC,
Serial No. 88120181 (August 20, 2020) [not precedential] (Opinion
by Judge George C. Pologeorgis). [Section 2(d) refusal of
CREATIVITY IP for "legal services" [IP
disclaimed] in view of the registered mark CREATIVITY
LAW for "legal services for the enforcement,
licensing, use, establishment and maintenance of intellectual
property rights" [LAW disclaimed]. Applicant pointed to 15
third-party registrations for marks containing the word
"creativity" or "creative," in attempting to
show the weakness of the cited mark.].
In re Justice Without Borders,
Serial No. 87870907 (August 20, 2020) [non precedential] (Opinion
by Judge Albert Zervas) [Section 2(d) refusal of the mark
JWB JUSTICE WITHOUT BORDERS & Design, shown
below, for "providing legal advice, legal support services,
and litigation services in support of migrant workers in the fields
of labor exploitation and human trafficking, not including services
associated with international humanitarian relief projects or
providing medical or health care assistance to victims of disasters
and/or conflicts in underdeveloped countries," in view of the
registered mark JWB in typed form for "legal
services for on-line global computer network." Applicant
argued that the globe design and the phrase "Justice Without
Borders" are more likely to create an impression on consumers
than the letters "JWB."].
In reFGX International, Inc.,
Serial No. 88033162 (August 24, 2020) [not precedential] (Opinion
by Judge Linda A. Kuczma). [Section 2(d) refusal of
SUNSENTIALS in view of the registered mark
FUN SUN ESSENTIALS, both for sunglasses. Applicant
maintained that SUN and ESSENTIALS are weak formatives, and so no
one party is entitled to their exclusive use.].
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