Supposedly one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods. Here are four (IV) recent Section 2(d) appeals. Which one resulted in a reversal? [Answer will be found in first comment].
In re SBE Licensing, LLC, Serial No. 86135841 (January 5, 2017) [not precedential]. [Section 2(d) refusal of THE PERQ and Design (below left) for “restaurant, café, coffee, tea, and juice bar services,” in view of the registered mark PERQS, in standard character and design form (below right), for “coffee supply services for offices”].
In re MT Enterprises LLC, Serial No. 86420598 (January 6, 2017) [not precedential]. [Section 2(d) refusal to register (on the Supplemental Register) the mark The No Pull Harness & Leash in One, in standard character form, for “Animal harnesses for dogs; Animal leashes; Dog leashes; Leashes for animals; Pet products, namely, pet restraining devices consisting of leashes, collars, harnesses, restraining straps, and leashes with locking devices” [HARNESS & LEASH disclaimed], in view of the registered mark NO-PULL for “halters for domesticated animals”].
n re Clipper City Brewing Co., LP, Serial No. 86353682 (January 10, 2017) [not precedential]. [Section 2(d) refusal of BLACKBEARD’S BREAKFAST for “beverages, namely, beers, ales, and malt liquors,” in view of the registered mark shown below, for “beers” [“Ale”, “Virgin Islands Ale Co.”, “St. Thomas”, “Tortolas”, “St. John”, “St. Croix” and “Caribbean Sea” disclaimed.].
In re Eyefluence, Inc., Serial No. 86249068 (January 10, 2017) [not precedential]. [Section 2(d) refusal of EYEOS for “Computer hardware and software for providing a user interface involving eye tracking and/or eye movement for wearable devices,” in view of the identical mark registered for various eyewear products, including eyeglasses, sunglasses, and frames].