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ARTICLE · 24 SEPTEMBER 2018

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

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

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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

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 consideration are three recent TTAB decisions in Section 2(d) appeals. One was reversed. Which one? [Answer in first comment].

In re Currie, Serial No. 87221626 (September 17, 2018) [not precedential] [Section 2(d) refusal to register the mark show below, for "amplifiers" [TONE AMPLIFIER disclaimed], in view of the registered mark ULTRATONE for "Audio equipment, namely, keyboard amplifiers and public address (PA) systems"].

In re DIYAUTOFTW LLC, Serial No. 87330708 (September 17, 2018) [not precedential] [Section 2(d) refusal of the mark shown below left [DIY AUTO disclaimed], for "Providing an Internet website that features information about automotive maintenance and repair service," in view of the registered mark shown below right, for "repair of automobiles, namely, do-it-yourself vehicle

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