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ARTICLE · 11 MAY 2021

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

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The TTAB recently decided the appeals from the three Section 2(d) likelihood of confusion refusals summarized below. At least one of the three refusals was reversed.

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 summarized below. At least one of the three refusals was reversed. How do you think they came out? [Answer will be found in the first comment.]

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In re Mas Clarella SL, Application Serial No. 88079246 (May 6, 2021) [not precedential] (Opinion by Judge George C. Pologeorgis). [Section 2(d) refusal of NYMPHS OF CLARELLA  in view of the registered mark THE NYMPH, both for wines. Applicant maintained that "nymph" is somewhat suggestive or even descriptive of wine because the term  has a strong association with Dionysus, the Greek god of wine, and therefore the term "OF CLARELLA" distinguishes the marks.]

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