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ARTICLE · 07 SEPTEMBER 2022

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

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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So far this year, the Board has affirmed 130 of the 139 Section 2(d) refusals on appeal. How do you think these three recent appeals came out? [Results in first comment].

United StatesIntellectual Property
John L. Welch
John L. Welch
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So far this year, the Board has affirmed 130 of the 139 Section 2(d) refusals on appeal. How do you think these three recent appeals came out? [Results in first comment].

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In re Hyundai Motor Company, Serial Nos. 88599435 and 88599451 (August 26, 2022) [not precedential] (Opinion by Judge Angela Lykos) [Section 2(d) refusal of the mark HYUNDAI CARPAY for, inter alia, software and SAAS for "for in-vehicle simple payments" [CARPAY disclaimed], in view of the registered mark CARPAY "software as a service (SAAS) services featuring software for facilitating auto loan payments"].

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In re S3 Concrete Technologies, Inc., Serial No. 90156396 (September 1, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of MEGACLEAN for "cleaner for use on concrete and specialty concrete" in view of the registered mark REJUVENATE MEGACLEAN for "laundry pre-treater and stain/spot remover for fabrics, clothing, and carpet."]

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