ARTICLE
24 February 2022

TTABlog Test: How Did These Three 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.
The Board's shutout streak in Section 2(d) appeals is up to 33 affirmances and no reversals. Here are the latest three decisions. Has the streak been broken? How do you think they turned out?...
United States Intellectual Property

The Board's shutout streak in Section 2(d) appeals is up to 33 affirmances and no reversals. Here are the latest three decisions. Has the streak been broken? How do you think they turned out? [Answer in first comment].

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In re People's Ventures, LLC, Serial No. 88003115 (February 17, 2022) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of PEOPLE'S & Design for "Clothing, namely, shirts, t-shirts, tops, tank tops, sweatshirts, hats, and jackets," in view of the registered mark PEOPLES GARMENT CO. for "t-shirts; sweatshirts" [GARMENT CO. disclaimed].]

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In re Sunrise Apparel Group, LLC, Serial No. 88571635 (February 18, 2022) [not precedential] (Opinion by Judge David K. Heasley). [Section 2(d) refusal of AMERICAN STAR for "clothing, namely, jeans, bottoms, pants, shorts, skirts, shirts, vests, tops, blouses, dresses, coats, sweaters, t-shirts, jackets; headwear; and footwear" [AMERICAN disclaimed], in view of the identical mark for "jewelry" [AMERICAN disclaimed].]

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In re Frontline Millionaires LLC, Serial No. 88679886 (February 18, 2022) [not precedential] (Opinion by Judge Jonathan Hudis). [Section 2(d) refusal of RISK & REWARD in view of the registered marks RIZKY REWARDZ and RISK.REWARD (different owners), all for various clothing items, including t-shirts.]

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