ARTICLE
21 February 2022

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

WG
Wolf, Greenfield & Sacks, P.C.

Contributor

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.
As of one week ago, the Board had considered 29 appeals from Section 2(d) refusals this year and affirmed every one of them.
United States Intellectual Property

As of one week ago, the Board had considered 29 appeals from Section 2(d) refusals this year and affirmed every one of them. Here are the latest four decsions. Has the streak been broken? How do you think they turned out? [Answers in first comment].

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In re Gruma Corporation, Serial No. 88863832 (February 11, 2022) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusal of MISSION PLANITAS for tostadas [PLANITAS disclaimed] in view of the registered mark PLANITAS, in standard character and stylized form, for tortillas.]

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In re Moxley Homes, LLC, Serial Nos. 88882171 and 88882239 (February 11, 2022) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Section 2(d) refusal of MOXLEY HOMES, in standard character and design form [HOMES disclaimed], for real estate development and construction-related services, in view of the registered mark MOXLEY TEAM for "real estate agency services" [TEAM disclaimed].]

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In re OMT Belforte S.R.L., Serial No. 79255285 (February 8, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington). (Section 2(d) refusal of VICTORIA ARDUINO & Design for, inter alia, electric coffee grinders, power-operated coffee grinders, and electric blenders and mixers, in view of the registered mark VICTORIA for ""electric coffee grinders; power-operated coffee grinders; food processors, electric; electric food blenders."

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In re Hyundai Motor Company, Serial No. 88599443 (February 16, 2022) [not precedential] (Opinion by Judge Jonathan Hudis). [Section 2(d) refusal of HYUNDAI CARPAY for payment processing services, in view of the registered mark CARPAY for "software as a service (SAAS) services featuring software for facilitating auto loan payments."]

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