TTALog Test: How did these three objections in Section 2(d) turn out? – Intellectual property
United States: TTALog Test: How did these three objections in Section 2(d) turn out?
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A TTAB A judge once told me that you can predict the outcome of a Section 2(d) case 95% of the time just by looking at the goods/services and the marks. Let’s see how you deal with the three cases summarized below. Answer(s) in the first comment.
Oakley, Inc. v. Eric. R. Washington et al.Objection No. 91239464 (April 11, 2022) [not
precedential] (Opinion of Judge Thomas W. Wellington). [Section
2(d) opposition to registration of OAKLIEN &
Design for “jewelry pins for use on hats” and
for “hats; shirts; jogging pants; men’s and women’s
jackets, coats, trousers, vests; sweat shirts,” in view of the
registered mark OAKLEY for sunglasses, clothing,
Sony Pictures Television Inc. v Damien C. Noorbakhsh and Samir RajicOpposition No. 91253443 (April 12, 2022) [not precedential] (Opinion of Judge George C. Pologeorgis).[Section 2(d) opposition to registration of
COBRA KAI for “T-Shirts” [KAI
disclaimed] in view of the registered trademarks COBRA KAI JIU-JITSU for “Providing general fitness and mixed martial arts facilities which require memberships and which focus on the areas of general fitness, exercise and mixed martial arts” and the word and figurative mark shown below for “Martial Arts Uniforms; martial arts uniforms, namely gis; clothing for use in wrestling matches; fight shorts for mixed martial arts or grappling; Mixed martial arts suits.” [KAI and
JIU JITSU disclaimed].]
Industria de Diseno Textil, SA v Benzara Inc.Opposition No. 91242880 (April 13, 2022) [not
precedential] (Opinion of Judge George C. Pologeorgis). [Section
2(d) opposition to registration of the mark
BENZARA for “furniture” (Class 2),
“Leather accessory boxes for jewelry; Jewelry cases not of
precious metal; Wooden jewelry boxes; Statues primarily of precious
metal and also including glass,” (Class 14) and “Desktop
statuary made of ceramics; Serving Trays; Candle Holders; Cake
Stands; Napkin holders; Serving bowls; Toilet tissue holders”
(Class 21), in view of the registered marks ZARA
for furniture, jewelry, statures and figurines and ZARA
HOME for jewelry and statuary [HOME disclaimed].]
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