TTAB Test: Which Of These Three Section 2(d) Refusals Was Reversed?

It has been said that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the goods or services. Presented for your consideration are three recent TTAB decisions in Section 2(d) appeals. One refusal was reversed. Which one? [Answer in first comment].

In re Norková, Serial No. 79199465 (September 28, 2018)  [not precedential] (Opinion by Judge Christopher Larkin). [Section 2(d) refusal of ZIPZAP for ““drying racks for laundry; clothes pegs” in view of the identical mark registered for “scissors, in particular hair cutting scissors, manicure scissors, sheet-metal shears, poultry shears, cable scissors; tree pruning shears; nippers, nail nippers, cuticle nippers; files; utility knives and pliers”].

In re Treehouse Pictures, LLC, Serial No, 87142861 (September 28, 2018) [not precedential] (Opinion by Judge George C. Pologeorgis) [Section 2(d) refusal of the TREEHOUSE PICTURES & Design for “Film production; television show production” [PICTURES disclaimed] in view of the registered mark TREEHOUSEDIRECT for “Entertainment services, namely, the provision and distribution of prerecorded television programs and films via a global computer network”].

In re Paradyce Clothing Company, Inc., Serial No. 87562296 (October 1, 2018)  [not precedential] (Opinion by Judge Frances Wolfson) [Section 2(d) refusal of PARADYCE for various clothing items, in view of the registered mark PAR-A-DICE HOTEL-CASINO for overlapping clothing items].

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Text Copyright John L. Welch 2018.