So far this year, the TTAB has affirmed 172 of the 184 Section 2(d) refusals on appeal (about 93.5%). Here are three decisions that came down recently. How do you think they came out? [Results in first comment].
In re Derrick Coleman, Serial No. 90231251 (December 2, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington) [Section 2(d) refusal of the mark GREAT LAKES DISTRIBUTION in slightly stylized form for "distribution services, namely, delivery of third party goods" [DISTRIBUTION disclaimed], in view of the registered marks (separately owned) GREAT LAKES FABRICS for "distributorship in the field of upholstery fabrics and textiles; distributorship in the field of upholstery supplies" [FABRICS disclaimed], GREAT LAKES PETROLEUM for "fuel delivery services; storage, distribution, and transportation of liquefied petroleum gas" [PETROLEUM disclaimed], GREAT LAKES TIRE for "distribution services, namely, delivery of new and retread tires" [TIRE disclaimed], and GREAT LAKES PIPE AND SUPPLY COMPANY & Design for "distribution services, namely, delivery of pipe, fittings, and valves used for the conveyance of liquid, gas, and electricity" [GREAT LAKES PIPE AND SUPPLY COMPANY disclaimed].
In re OEC, LLC, Serial Nos. 90274429 and 90350840 (December 2, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson) [Section 2(d) refusal of the mark HOLIDAY ROAD, in standard and in logo form (below), for "Online retail store services featuring bags, backpacks, blankets, holiday and seasonal decorations and ornaments, holiday lights, toys, baskets, cups" [HOLIDAY disclaimed], in view of the registered mark HOLIDAY LANE for "musical figures and figurines made of plastic,' "musical figures and figurines made of glass," "Christmas figures and figurines made of plastic," and "Christmas tree ornaments and decorations; Christmas garlands," and "electric Christmas tree lights," [HOLIDAY disclaimed].]
In re Knitpro International, Serial No. 90064151 (November 30, 2022) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 2(d) refusal of THE MANDALA COLLECTION for "Buttons; Needles; Hooks and eyes; Sewing pins; all the foregoing not for use in making craft jewelry, and excluding knitting and crocheting yarns, cords, cordage, ropes, twines and hemp thread" [COLLECTION disclaimed], in view of the registered mark MANDALA for ""knitting and crocheting yarn, not for use in making craft jewelry."].
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