Last Friday, the Board decided three Section 2(d) appeals, reversing one of the refusals. Some say that 95% of the time, one can predict the outcome of a Section 2(d) appeal just from looking at the marks and the involved goods/services. So try your luck. Which one was reversed? [Answer in first comment.]
In re Prologue Games LLC, Serial No. 86354701 (August 5, 2016) [not precedential]. [Refusal to registerPROLOGUE GAMES & Design (shown below) for computer and video game software, in view of the registered mark SECOND PROLOGUE for computer and video game software].
In re Tres Vidas Organic, Inc., Serial No. 86609789 (August 5, 2016) [not precedential]. [Refusal to register TRES VIDAS & Design (shown below) for “tequila; tequila infused with vitamins,” in view of the registered mark DOS VIDAS for “tequila”].
In re John Michael Brack, Serial No. 86660122 (August 5, 2016) [not precedential]. [Refusal to register SIMPLY ORANGECELLO for “alcoholic beverage, namely, orange flavored liqueur” in view of the registered mark CARAVELLA ORANGECELLO for “alcoholic beverage, namely, orange flavored liqueur”].
