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ARTICLE · 17 MARCH 2022

TTABlog Test: How Did These Three Recent Section 2(d) Proceedings Come Out?

Here are three recent decisions in Section 2(d) proceedings: two oppositions and one cancellation. Can you guess how they came out based on the minimal information I have provided?...

United StatesIntellectual Property

Here are three recent decisions in Section 2(d) proceedings: two oppositions and one cancellation. Can you guess how they came out based on the minimal information I have provided?  [Answer in first comment].

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Sean Stevens v. Valino Tires USA LLC, Cancellation No. 92073974 (February 28, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson). [Petition for cancellation of a registration for the mark VALINO & Design for "tires; tires for land vehicles; tires for vehicle wheels; automobile tires," in view of petitioner's common law mark VELLANO FORGED WHEELS for wheel rims and wheels. The Board found that petitioner's products are forged, custom built, luxury wheels and rims directed to purchasers "who would exercise a much higher degree of care than an average purchaser of wheels and rims, and as a result, the high degree of care exercised by these purchasers weighs against a finding of likelihood of confusion."]

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