A TTAB Administrative Trademark Judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods or services. Here are three recent decisions in appeals from Section 2(d) refusals. One refusal was reversed. Which one? [Answers in first comment].

In re Rod’s Western Palace, Inc., Serial No. 87914427 (April 17, 2020) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 2(d) refusal of ROD’S, in standard character form, for retail store services featuring a wide variety of consumer goods, including apparel, leather goods, jewelry, home furnishings, furniture, and garden supplies, in view of the registered mark ROD’S AMERICAN MARKET PUTTING AMERICA BACK TO WORK and design, shown below, for “Retail apparel stores; Retail furniture stores; Retail gift shops; Retail variety stores; Referrals in the field of hunting and outdoor gear; Retail gift shops [sic]”].

In re Aiko Beauty, Inc., Serial No. 88109580 (April 17, 2020) [not precedential] (Opinion by George C. Pologeorgis). [Section 2(d) refusal of GIVON for “Cosmetics; Cosmetics and cosmetic preparations; Cosmetic creams; Cosmetic creams for skin care; Cosmetic preparations for skin care; Facial cleansers; Skin cleansers; Skin lotions; Skin toners” in view of the registered mark GG GIVONI (Stylized as below) for “Make-up”].
In re Coats & Clark Inc., Serial No. 79236578 (April 17, 2020) (Opinion by Judge Elizabeth A. Dunn). [Section 2(d) refusal of SUPER SAVER FAIR ISLE for “Yarns and threads, for textile use” [FAIR ISLE disclaimed] in view of the mark FAIR ISLE registered on the Supplemental Register for “knitting yarn; yarn; hand knitting yarns” and for “crochet hooks; crochet needles; knitting counters; knitting implements, namely, stitch holders; knitting implements, namely, stitch markers; knitting needles; hand-knitting needles.]”

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Text Copyright John L. Welch 2020.