Wednesday, July 15, 2015

TTAB Test: Which of These Four Section 2(d) Refusals Was/Were Reversed?

Okay, readers. You didn't do so well on the last TTAB test, but that doesn't mean I'm going to make it any easier for you. When the going gets tough, etc., etc. Here are four Section 2(d) refusals for your perusal. At least one was reversed, but not all. Let's see if you have what it takes to be a TTAB Judge. [Answer(s) will be found in first comment].


In re Big John Products, Inc., Serial No. 86118253 (July 8, 2015) [not precedential]. [Refusal to register Big John Toilet Seat for "toilet seats" [TOILET SEAT disclaimed], in view of the registered mark BIG JON for "toilet brushes."]


In re ReSashay Square Dance, Inc., Serial No. 86041312 (July 8, 2015) [not precedential] [Refusal to register ReSashay for "On-line retail consignment stores featuring women's, men's and children's square dancing apparel and accessories, namely, children's square dancing petticoats; On-line retail store services featuring women's, men's and children's square dancing apparel and accessories," in view of the registered mark MYSASHAY for "Ballet shoes; Ballet slippers; Footwear for women; Insoles for footwear."]


In re Appgraft LLC, Serial No. 85843178 (July 9, 2015) [not precedential] [Refusal to register OBSERVANT OWL for "computer software for digital video monitoring and recording for use with video surveillance systems," in view of the registered mark OBSERVANT for, inter alia, computer software, namely, fully downloadable software for wireless sensing, remote sensing, monitoring, measuring, recording, reporting, data processing, data transmission, management and control."]


In re Pizza Pro, Inc., Serial No. 86320662 (July 9, 2015) [not precedential] [Refusal to register BYO PIZZA BUILD YOUR OWN PIZZA & Design, shown below, for "fresh pizza; pizza; pizza dough; pizza sauce" [PIZZA BUILD YOUR OWN PIZZA disclaimed], in view of the registered mark BYOPizza for "restaurant services, including sit-down service of food and take-out restaurant services."]


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TTABlog comment: It's not easy, is it?

Text Copyright John L. Welch 2015.

2 Comments:

At 5:51 AM, Blogger John L. Welch said...

The second and third refusals were reversed. The first and fourth were affirmed.

 
At 1:06 PM, Blogger Barbara said...

This one was much easier. I'll take my gavel now!

 

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