Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 AUGUST 2017

TTAB Test: Which Of These Two Section 2(D) Refusals Was Reversed?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
Contributor
Wolf Greenfield & Sacks

Wolf Greenfield & Sacks

Wolf, Greenfield is one of the 10 largest law firms in the United States devoted exclusively to...

View firm profile
Explore more from Wolf Greenfield & Sacks

One of the refusals was reversed.

United StatesIntellectual Property
John L. Welch
John L. Welch
Author LinkedIn connections

Here are two Section 2(d) appeals decided two days ago. One of the refusals was reversed. Applying your jurisprudential skills and/or well-honed instincts, how do you think these came out? [Answer in first comment].

In re Mendocino Farms, LLC, Serial No. 86731456 (August 1, 2017) [not precedential] (Opinion by Judge Karen Kuhlke). [Section 2(d) refusal of EAT HAPPY for restaurant and catering services, in view of the mark shown below, for restaurant services].

In re TOELL Co., Ltd., Serial No. 86888544 (August 1, 2017) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of the mark PURE HAWAIIAN WATER & Design (below left) for "drinking water [PURE HAWAIIAN WATER disclaimed], in view of the registered marks HAWAII WATER & Design (below right) for "purified drinking water" [HAWAII WATER disclaimed] and PURE HAWAIIAN (Supplemental Register), in standard character form, for bottled water].

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.
United StatesIntellectual Property
Harness IP
Harness IP
Article

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United StatesIntellectual Property
Wiley Rein
Wiley Rein
Article

Manufacturing Announcements Can Influence Patentability Challenges: What Quantum Computing Companies Should Know

The Patent Office now considers US manufacturing when deciding whether to institute IPR challenges, creating new strategic considerations for quantum computing companies. This analysis examines how Commerce Department CHIPS awards highlight domestic manufacturing investments and provides guidance on drafting manufacturing announcements to support patent protection strategies.
United StatesIntellectual Property
Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
Podcast

Episode 59: Running Interference: IP Issues In The Sports And Wellness Markets (Podcast)

The economic impact of sports and fitness markets continues to surge, with franchise valuations and technological innovation reaching unprecedented levels. From wearable devices to performance analytics, intellectual property has become a strategic weapon in an industry where companies compete as aggressively as the athletes themselves. Wolf Greenfield examines the patents, trademarks, trade secrets, and licensing issues shaping this rapidly evolving landscape.
United StatesIntellectual Property
Wolf Greenfield & Sacks
Wolf Greenfield & Sacks