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ARTICLE · 14 AUGUST 2017

TTAB Test: Which Of These Four Section 2(d) Refusals Were Reversed?

Wolf, Greenfield & Sacks, P.C.
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It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services.

United StatesIntellectual Property
John L. Welch
John L. Welch
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It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services. Presented for your contemplation are four recent TTAB decisions in Section 2(d) appeals. At least one was reversed. What do you think? [Answer in first comment].

In re Inca Tea, LLC, Serial No. 85886579 (August 3, 2017) [not precedential] (Opinion by Judge Anthony R. Masiello). [Section 2(d) refusal to register the mark shown below left, for "Teas comprised of purple corn; tea blends comprised of purple corn" [TEA, 100% ALL NATURAL INGREDIENTS, and ORIGINAL disclaimed] in view of the registered mark shown below right for "teas, namely, linden and chamomile" [FOOD disclaimed]].

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