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ARTICLE · 04 JUNE 2020

TTABlog Test: Three Ex Parte Decisions - How Did They Come Out?

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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Here are three ex parte appeals decided yesterday by the Board: a Section 2(d) likelihood of confusion case, a Section 2(e)(1) mere descriptiveness refusal, and a Section 2(e)(4) surname ruling.

United StatesIntellectual Property
Here are three ex parte appeals decided yesterday by the Board: a Section 2(d) likelihood of confusion case, a Section 2(e)(1) mere descriptiveness refusal, and a Section 2(e)(4) surname ruling. How do you think they came out? [Answers in first comment].

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In re MassDrop, Inc., Serial No. 87869354 (May 28, 2020) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusal of the mark DROP for various clothing items "excluding gloves and not specifically for skiing or snowboarding," in view of the identical mark registered for "glovesfor use in skiing and snowboarding." Applicant argues that ski and snowboard glove consumers are "sophisticated" and "very particular" about their purchases.].

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