Some ten years ago, a TTAB judge said to me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods or services. Here are three decisions issued last week in appeals from Section 2(d) refusals. At least one refusal was reversed. Let’s see how you do. [Answers in first comment].

In re Lit Hookah LLC, Serial No. 87904592 (March 24, 2020) [not precedential] (Opinion by Judge Christopher Larkin). [Section 2(d) refusal of the mark shown immediately below, for “glass hookahs, including whole hookahs and hookah parts such as the bowl, down-stem and hoses to be utilized to smoke tobacco and other herbal products without electronic components,” in view of the registered mark LIT HOOKAH LOUNGE & BAR for “hookah lounge services” [HOOKAH LOUNGE & BAR disclaimed].

In re Tintoria Piana U.S., Inc., Serial No. 87776775 (March 25, 2020) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal to register PIANA HYDRO for “textile fibers” in view of the registered marks LORA PIANA and formatives thereof for textiles, fabrics, and yarns].

In re LEMA, Serial No. 87892342 (March 26, 2020) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of DADA CHAPEL for “Beer, ale, lager, stout and porter” and for “Spirits and liqueurs,” in view of the registered mark shown immediately below, for “wines”].

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TTABlog comment: How did you do? Any WYHAs here?

Text Copyright John L. Welch 2019.