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ARTICLE · 06 MARCH 2021

TTABlog Test: Which Of These Section 2(d) Refusals Was/Were Reversed?

Wolf Greenfield & Sacks
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The TTAB recently decided the appeals from the three Section 2(d) likelihood of confusion refusals. At least one of the refusals was reversed. Which one(s)? [Answer will be found in the first comment.]

United StatesIntellectual Property
John L. Welch
John L. Welch
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The TTAB recently decided the appeals from the three Section 2(d) likelihood of confusion refusals. At least one of the refusals was reversed. Which one(s)? [Answer will be found in the first comment.]

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In re Ubican Global Licensing, LLC, Application Serial No. 88731594 (February 24, 2021) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 2(d) refusal of HEALIX for "herbs for smoking, none of the hemp derived ingredients of which contain a delta-9 tetrahyrocannabinol (THC) concentration of more than 0.3 percent on a dry weight basis," in view of the registered mark HELIX & Design for "smoking pipes."]

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In re The Jacob D. Fuchsberg Law Firm, LLP, Serial No. 87843998 (February 26, 2021) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) Refusal of JACOB FUCHSBERG LAW FIRM & Design in view of the registered marks TOURO LAW TOURO COLLEGE JACOB D. FUCHSBERG LAW CENTER & Design, all for legal services].

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