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TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out? – Intellectual Property

When Can A Trademark Owner Take Action For Unauthorized Use Of Its Trademark Online? - Intellectual Property
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United States of America: TTABlog Quiz: How did the last three Section 2(d) appeals end?

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Here are the first three TTAB New Year’s Resolutions on Appeal from Section 2(d) Denial. No hints today. How do you think they turned out? [Answer in first comment].

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About Monterey Tile DE, Inc., serial number 87627828 (January 3, 2022) [not precedential] (Judge Christopher Larkin’s opinion). [Section 2(d) refusal of the word-plus-design
mark shown below for, inter alia, “non-metal
tiles for countertops, walls, sinks, and floors in bathrooms and
kitchens,” in view of the registered
mark BELLAVITA TILE registered for
“Non-metal tiles for walls and floors; ceramic tiles;
porcelain tiles; glass tiles.” Applicant maintained that its
mark “is dominated by the design elements of the stately manor
house, not by the improperly dissected, somewhat similar text
elements of the mark and the cited mark[]. “]

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About Probiohealth, LLC, serial number 88933368 (January 4, 2022) [not precedential] (Judge Jonathan Hodes opinion). [Section 2(d) refusal
of PROBIOHEALTH for “dietary
probiotic supplements for pets; nutritional probiotic
supplements,” in view of the registered
mark BIOHEALTH & Design for
“dietary and nutritional supplements.” Applicant argued
that BIO is conceptually weak for supplements, and the term HEALTH
(by way of a dictionary definition) is merely descriptive of
supplements and also conceptually weak.”]

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About Sunset Songs, LLC, serial number 90114652 (January 4, 2022) (Opinion of Judge Linda A. Kuchma)[not
precedential]. [Section 2(d) refusal of SUNSET
SONGS
 for “Advertising and promotion services in
the field of music; Preparing audio visual presentations for use in
advertising; Online retail store services featuring musical sound
recordings and video recordings featuring music” [SONGS
disclaimed], in light of the registered mark sunset creativity (in standard character form) for “marketing consultancy, i.e. digital marketing and social media marketing; online advertising and marketing services; promotion, advertising and marketing of brands, products, services and websites to individuals, businesses, and non-profit organizations; providing social media marketing consultancy ” [CREATIVE disclaimed]. The applicant referred to five existing third-party registrations of marks containing the word SUNSET in the argument that the word “SUNSET” is a weak form].

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