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ARTICLE · 27 NOVEMBER 2020

TTABlog Test: Four Recent Section 2(d) Appeals - How Did They Come Out?

Wolf, Greenfield & Sacks, P.C.
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About a dozen years ago, a TTAB judge said to me that one can predict the outcome of a Section 2(d) case 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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About a dozen years ago, a TTAB judge said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. Here are four recent decisions in appeals from Section 2(d) refusals. How do you think these came out? [Answers in first comment].

In re Michel Mercier, Serial No. 79246019 (November 24, 2020) [not precedential] (Opinion by Judge David Mermelstein). [Section 2(d) refusal of Romy (standard characters) for "Hair brushes, hair combs, hair styling comb and brushes, rotary hair brushes, electrically heated hair brushes" in view of the registered mark ROMY for soaps, perfumery, cosmetics, hair lotions, hair dyes, shampoos, hair conditioners, and hair sprays. Applicant argued that "Registrant's products are only available from their foreign website and are made to be home mixed by the purchaser with a special device."]

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