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ARTICLE · 29 DECEMBER 2017

TTAB Test: Which Of These Three Section 2(d) Refusals Was Reversed? (Update)

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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A TTAB judge once remarked 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

A TTAB judge once remarked 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. Here are three TTAB decisions rendered recently in Section 2(d) appeals. One refusal was reversed. Which one? [Answer in first comment].

In re Ben Zour, Serial No. 87210472 (December 19, 2017) [not precedential] (Opinion by Judge Francie R. Gorowitz) [Section 2(d) refusal to register the mark SHEPHERD ARTISAN COFFEE & Design (below left) for "coffee shops" [ARTISAN COFFEE disclaimed] in view of the registered marks SHEPHARD'S BEACH RESORT in standard character form, and SHEPARD'S BEACH RESORT & Design (below right) [BEACH RESORT disclaimed], for "hotel services and restaurant services"].

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