A certain TTAB Judge once told me that one can predict the outcome of a Section 2(d) appeal 95% of the time by just looking at the marks and the goods or services. Here are three Section 2(d) refusals that were recently considered on appeal. One of the refusals was reversed. Which one? [Answer in first comment].
In re Herve US, LLC, Serial No. 88703522 (September 27, 2021) [not precedential] (Opinion by Judge Christen M. English) [Section 2(d) refusal of HERVE for "bakery goods and bakery desserts for wholesale distribution" in view of the registered mark HERVÉ for "restaurant and bar services."]
In re Mannington Mills, Inc., Serial No. 88645881 (September 20, 2021) [not precedential] (Opinion by Judge Linda A. Kuczma) [Section 2(d) refusal of AQUABARRIER for "Underlay for laminate flooring; Flooring underlayments; Non-metal building materials, namely, laminate floor boards, all for residential use" in view of the identical mark registered for "thin membrane for attachment to walls for waterproofing purposes."]
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TTABlog comment: How do you like that LUCKYPAW specimen of use?
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