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ARTICLE · 21 SEPTEMBER 2017

TTAB Test: How Would You Decide These Three Recent Section 2(d) Appeals?

Wolf Greenfield & Sacks
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Here are three Section 2(d) appeals decided two days ago. Third-party use and registration evidence played a significant role in each case.

United StatesIntellectual Property
John L. Welch
John L. Welch
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Here are three Section 2(d) appeals decided two days ago. Third-party use and registration evidence played a significant role in each case. At least one of the appeals resulted in reversal of the involved refusal(s), but not all three. Applying your jurisprudential skills and/or well-honed instincts, how do you think these came out? [Answers in first comment].

In re DCT LSPD, LLC, Serial No. 87019660 (September 13, 2017) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 2(d) refusal of LONE STAR PEDIATRIC DENTAL & BRACES and Design (shown below) for dental services, in view of the registered mark LONE STAR for "medical services"].

In re RSRK Inc, Serial No. 86806911 and 86806949 (September 13, 2017) [not precedential] (Opinion by Judge Thomas Shaw). [Section 2(d) refusals of ER SHOT THERAPY and EMERGENCY RELIEF SHOT THERAPY for "analgesics" [ER SHOT and EMERGENCY RELIEF SHOT found merely descriptive and disclaimable] in view of the registered

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