ARTICLE
18 October 2021

TTABlog Test: How Did These Recent Section 2(d) Appeals Turn Out?

WG
Wolf, Greenfield & Sacks, P.C.

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For nearly a century, Wolf Greenfield has helped clients protect their most valuable intellectual property. The firm offers a full range of IP services, including patent prosecution and litigation; post-grant proceedings, including IPRs; opinions and strategic counseling; licensing; intellectual property audits and due diligence; trademark and copyright prosecution and litigation; and other issues related to the commercialization of intellectual property.
The TTAB (Tee-Tee-Ā-Bee) recently decided the appeals from the three Section 2(d) refusals described below. No hints today. How do you think they turned out?
United States Intellectual Property

The TTAB (Tee-Tee-A-Bee) recently decided the appeals from the three Section 2(d) refusals described below. No hints today. How do you think they turned out?  [ Answer in first comment].

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In re Quantgene Inc., Serial No. 88720359 (October 12, 2021) [not precedential] (Opinion by Judge Robert H. Coggins) [Section 2(d) refusal of QUANTGENE for medical diagnostic testing for cancer and other diseases and disorders, in view of the registered mark QUANTIGEN for "consulting services in the fields of biotechnology, pharmaceutical research and development, clinical laboratory testing, clinical diagnostics, and pharmacogenetics."]

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In re Destino Xcaret S.A.P.I. de C.V., Serial No. 88622747 (October 13, 2021) [not precedential] (Opinion by Judge Elizabeth A. Dunn) [Section 2(d) refusal of the mark shown below for, inter alia, "hotel accommodation services" [HOTEL XCARET MEXICO disclaimed] in view of the registered mark HOTELXCARETRESORT.COM for "making hotel and temporary lodging reservations for individuals and groups via a global computer network lists" [on the Supplemental Register].]

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In re Alderwood Surgical Center, Serial No. 88427822 (October 12, 2021) [not precedential] (Opinion by Judge Christopher Larkin) [Section 2(d) refusal of ZOMBIE BBL for "Surgery; Cosmetic surgery services; Cosmetic and plastic surgery; Plastic surgery; Plastic surgery services" [BBL disclaimed as an abbreviation for "Brazilian Butt Lift"] in view of the registered marks ZOMBIE BRACES and ZOMBIE TEETH for "dentist services" (BRACES and TEETH disclaimed).

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