A TTAB Administrative Trademark Judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods or services. Here are three recent decisions in appeals from Section 2(d) refusals. One refusal was reversed? How do you think these came out? [Answers in first comment].
In re Thomas Barnette, Serial No. 87425197 (January 29, 2020) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of YOUR EDUCATIONAL TOUR, YOUR WAY for "Organization of travel for educational purposes; Travel agency services, namely, making reservations and bookings for transportation for students and teachers participating in educational travel tours; Travel guide and travel information services relating to travel for educational purposes," in view of the registered mark TOUR YOUR WAY & Design for "chauffeur and transportation services for tours"].
In re Frantoio Ulivi Di Liguria S.r.l., Serial No. 79250730 (February 5, 2020) [not precedential] (Opinion by Judge Lorelei Ritchie). [Section 2(d) refusal of the mark DUA & Design, shown below left, for, inter alia, "pesto sauce; condiments, namely, vinegar and sauces; flavored vinegar" in light of the registered mark DUA BELIBIS & Design, shown below right, for "savory sauces used as condiments" as well as "vinegar"].
In re Toyota Jidosha Kabushiki Kaisha , Serial No. 87734664 (February 6, 2020) (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of SKYDRIVE for, inter alia, aircraft; structural parts for aircraft; flying cars and structural parts therefor; roadable aircrafts; structural parts for roadable aircrafts; and structural parts for vertical take-off and landing aircraft capable of road travel, in view of the registered mark SKY DRIVE for "speedometer speed sensors"].
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