Here are three very recent TTAB decisions in Section 2(d) appeals, decided on the same day. I’m not giving any hints, so you’re on your own. How do you think these appeals came out? [Answer in first comment].

In re Smith & Wesson Corp., Serial No. 87390227 (September 4, 2019) [not precedential] (Opinion by Judge Albert Zervas). [Section 2(d) refusal of M&P SHIELD for knives, can openers, hatchets, and machetes, in view of the registered mark SHIELD for “knives”].

In re EP Family, Corp., Serial Nos. 87561113 and 87561116 (September 4, 2019) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of the mark CHA4TEA in standard character and stylized form (below left) for “Instant tea; Tea,” in view of the registered mark CHA FOR TEA and design (below right) for “Food preparation services; preparation of food and beverages; provision of food and drink in restaurants; restaurant services, including sit-down service of food and take-out restaurant services; restaurant services, namely, providing of food and beverages for consumption on and off the premises; serving of food and drink/beverage” [CHA and FOR TEA disclaimed].

In re Monsieur Touton Selection Ltd., Serial No. 87874805 (September 4, 2019) [not precedential] (Opinion by Judge Peter W. Cataldo). [Section 2(d) refusal of the mark PACIFIC VIEW VINEYARDS for wine [VINEYARDS disclaimed], in view of the registered mark PACIFIC VISTAfor wine].

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Text Copyright John L. Welch 2019.