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ARTICLE · 06 OCTOBER 2022

TTABlog Test: How Did These Three Section 2(d) Oppositions Turn Out?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks.

United StatesIntellectual Property
John L. Welch
John L. Welch
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A TTAB judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time by just looking at the goods/services and the marks. Maybe he or she was referring to ex parte cases only, but let's see how you do with the three oppositions summarized below. Answer(s) in the first comment.

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American Can! Cars for Kids v. Charitable Adult Rides & Services, Inc., Opposition No. 91255836 (September 29, 2022) [not precedential] (Opinion by Judge George C. Pologeorgis). [Section 2(d) opposition to registration of CARS for "charitable fundraising" in view of the common law mark CARS FOR KIDS for charitable fundraising by means of collecting and reselling used automobiles and watercraft.]

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