Thursday, October 24, 2013

Test Your TTAB Judge-Ability on These Three Section 2(d) Appeals

I once heard a TTAB judge opine that the outcome of most Section  2(d) likelihood of confusion cases may be predicted just by looking at the marks and the identified goods/services, without more. So try your adjudicatory skills on these three appeals.

In re Douglas Smurr and Bret Bocook, Serial No. 85342789 (October 3, 2013) [not precedential]. [Refusal of WORLD'S LAW for "legal services, namely the practice of law by licensed attorneys" [LAW disclaimed], in view of the registered mark WORLD LAW GROUP for "legal services" [LAW GROUP disclaimed].

In re Elements Behavioral Health, Inc., Serial No. 85375516 (October 2, 2013) [not precedential]. [Refusal to register the mark THE RANCH & Design shown below [THE RANCH disclaimed] for "counseling services in the fields of addiction and sobriety; consulting services regarding addiction treatment for patients; consulting services in the field of addiction treatment; drug and alcohol addiction treatment and rehabilitation services; rehabilitation of sexually addicted patients; drug and alcohol rehabilitation services; addiction treatment services; gambling addiction treatment services; rehabilitation of patients experiencing sex addiction and eating disorders, namely, bulimia and anorexia; providing a web site featuring information in the field of addiction treatment and sobriety," in view of the registered mark T.H.E. RANCH (TEACHING HUMANS WITH EQUINE), in standard character form, for psychotherapy [TEACHING HUMANS WITH EQUINE disclaimed].

In re, Inc., Serial Nos. 85596596 and 85648155 (September 30, 2013) [not precedential]. [Refusals of WICKED LIGHTS for "lighting kits for use in hunting, consisting of flashlights, tactical flashlights, and hand-held spotlights" [LIGHTS disclaimed] and WICKED HUNTING LIGHTS for "lights for use in hunting, namely, flashlights, tactical flashlights, hand-held spotlights, LED lights in the nature of rifle and shotgun-mounted lighting fixtures featuring LED bulbs, weapon-mounted lights in the nature of flashlights specially adapted for mounting to rifles and shotguns, vehicle-mounted spotlights and driving lights in the nature of lighting apparatus for vehicles for use in hunting, illumination devices in the nature of flashlights, fixed position spotlights, and directable beam spotlights for use in hunting" [HUNTING LIGHTS disclaimed] in light of the two registered WICKED OPTICS & Design marks, shown below, for "telescopic sights for firearms, namely, rifle, handgun and spotting scopes" [OPTICS disclaimed in both registrations].

Read comments and post your comment here.

TTABlog note: Large hint: they all came out the same way. See any WYHAs here?

Text Copyright John L. Welch 2013.


At 4:51 PM, Blogger Ron Coleman said...

I thought I had you on "wicked optics" but then I remembered that in your neighborhood "wicked" doesn't mean wicked at all. It means superb. (Like "bad" in rap jargon, of course.)

Because, you know, wicked optics -- that would really be wicked. Kind of like this.


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