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TTAB Test: Which of these Three Section 2(d) Refusals Was Reversed?

May 17, 2018May 21, 2018| in The TTABlog| by John L. Welch

Here are three recently decided Section 2(d) appeals. One of the refusals was reversed. Applying your jurisprudential skills and/or well-honed TTAB instincts, how do you think these came out? [Answer in first comment].

In re Dyson Technology Limited, Serial No. 79188560 (May 8, 2018) [not precedential] (Opinion by Judge Anthony R. Masiello). [Section 2(d) refusal of CU-BEAM for “Suspended lights in the nature of LED lighting fixtures designed to be suspended from a ceiling with uplighters and/or downlighters, the aforesaid optimized to reduce eye strain and increase comfort and productivity; parts and fittings for the aforesaid goods,” in view of the registered mark Q-BEAM SPOT/FLOOD for a “hand-held combination spotlight and floodlight” [SPOT/FLOOD disclaimed]].

In re Bodegas Eduardo Garrido, S.L., Serial No. 87334693 (May 14) [not precedential] (Opinion by Judge Frances Wolfson). [Section 2(d) refusal of the mark shown below left for “wine” in view of the registered mark shown below right, both for wine].

In re Henson, Serial No. 87130461 (May 14, 2018) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusal of the mark LYKAN for athletic apparel, in view of the identical mark registered for watches and jewelry].

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