A TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time by looking just at the marks and the goods. Here are three more Section 2(d) appeals for your consideration. How do you think they came out? [Results in first comment].
In re Kenzo Ltd., Serial No. 79272212 (May 23, 2022) [not precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d) refusal of the mark shown below left, for "wine," in view of the registered mark show below right, for "vodka."]
In re Weber Maschinenbau GmbH Breidenbach, Serial No. 79281976 (June 13, 2022) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of WEBER WEPACK for "Packaging machines for foodstuffs; robots for food packaging; conveyors for packaging food portions and food products; conveyor belts for food packaging machines; machines for separating and isolating packaged foodstuffs; machines for labeling and lettering food packaging; parts and fittings for the aforesaid goods," in view of the registered mark WEPACKIT for "packaging machines"]
In re Mary Louise Jones, Serial No. 88723679 (June 15, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson) [Section 2(d) refusal of MARY'S EDIBLES, for "Nutritional supplements in the form of gummies," in view of the registered mark MARY'S MEDICINALS for "transdermal patches featuring herbal supplements and neutraceuticals for nausea, insomnia, anxiety, inflammation, pain relief and an improved sense of well-being."]
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