In January 2022, the Board decided twenty-two (22) appeals from Section 2(d) refusals. It affirmed them all. Here are the first four Section 2(d) decisions of this month. Has the streak been broken? How do you think they turned out? [Answers in first comment].
In re Charlie's Chalk Dust, LLC, Serial No. 88417905 (February 1, 2022) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Section 2(d) refusal of PACHAMAMA for, inter alia, "herbal tinctures" and "essential oils; non-medicated topical skin care preparations" all "containing naturally occurring trace amounts of CBD derived from hemp and less than .3% THC," in view of the registered mark PACHAMAMA PEOPLE for "Dietary and nutritional supplements made of herbs; Herbal tinctures for use as nutritional supplements; Herbal tinctures for use in healing."]
In re GMC Machine Tools Corp., Serial No. 88773861 (February 1, 2022) [not precedential] (Opinion by Judge Robert H. Coggins). [Section 2(d) refusal of GMC for "metalworking machines, milling machines, lathes, fabrication shearing machines, and replacement parts for all of the aforementioned goods," in view of the registered marks GMC CORE and GMC GLOBAL MACHINERY COMPANY (Stylized), for various machine and power tools, including saws, electric drills, and electric screwdrivers [GLOBAL MACHINERY COMPANY disclaimed.]
In re Foxmind Canada Enterprises Ltd., Serial No. 88780851 (February 2, 2022) [not precedential] (Opinion by Judge Michael B. Adlin) [not precedential]. [Section 2(d) refusal of KABAMMM! for "card games; parlor games" on the ground of likely confusion with the registered mark KABAM for " entertainment services, namely, providing on line computer games."]
In re Center For Excellence In Higher Education, Inc., Serial No. 88893908 (February 2, 2022) (Opinion by Judge Martha B. Allard) [not precedential]. [Section 2(d) refusal of ONLINE BUT NEVER ALONE. for "educational services, namely, providing online learning instruction at the college and post-secondary educational levels," in view of the registered mark ONLINE. BUT NOT ALONE. for "Educational services, namely, providing accredited and certified courses of instruction at the post-secondary and college level and distributing course materials in connection therewith."]
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