Home -> Law Blog Directory -> Intellectual Property Law Blogs -> The TTABlog

Intellectual Property Law

: The TTABlog

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

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 [Answers in first comment].In re Fast Casual Concepts Inc., Serial No. 88403075 (October 2, 2020) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of the mark shown immediately below, for "restaurant services" in view of the registered mark HOLY COW! for "bar and restaurant services." Applicant pointed to seven third-party uses of "HOLY COW" in connection with restaurants services in an effort to show the weakness of the cited mark, and it argued that the marks have different connotations and commercial impressions because the exclamation HOLY COW! in Registrant?s marks is a reference to a phrase used by a famous baseball announcer Harry Caray...continue to full post

Full post as published by The TTABlog on October 14, 2020 (boomark / email).