United States: TTABlog Test: How Did These Four Calls Under Section 2(d) Turn Out?
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In January 2022, the Board ruled on twenty-two (22) Section 2(d) denial appeals. He confirmed them all. Here are the first four Article 2(d) rulings from this month. Has the series been interrupted? How do you think they turned out? [Answers in first
In re Charlie’s Chalk Dust, LLCserial number 88417905 (February 1, 2022) [not precedential] (Opinion of Judge Elizabeth A. Dunn). [Section 2(d) refusal
of PACHAMAMA for, inter
alia, “herbal tinctures” and “essential oils;
non-medicated topical skin care preparations” all
“containing naturally occurring trace amounts of CBD derived
from hemp and less than .3% THC,” in view of the registered
mark PACHAMAMA PEOPLE for “Dietary
and nutritional supplements made of herbs; Herbal tinctures for use
as nutritional supplements; Herbal tinctures for use in
In re GMC Machine Tools Corp.serial number 88773861 (February 1, 2022) [not precedential] (Opinion of Judge Robert H. Coggins). [Section 2(d) refusal
of GMC for “metalworking machines,
milling machines, lathes, fabrication shearing machines, and
replacement parts for all of the aforementioned goods,” in
view of the registered marks GMC
CORE and GMC GLOBAL MACHINERY
COMPANY (Stylized), for various machine and power
tools, including saws, electric drills, and electric screwdrivers
[GLOBAL MACHINERY COMPANY disclaimed.]
In re Foxmind Canada Enterprises Ltd.serial number 88780851 (February 2, 2022) [not precedential] (Opinion of Judge Michael B. Adlin) [not precedential]. [Section 2(d)
refusal of KABAMMM! for “card
games; parlor games” on the ground of likely confusion with
the registered mark KABAM for “
entertainment services, namely, providing on line computer
Regarding the Center for Excellence in Higher Education, Inc.Serial No. 88893908 (February 2, 2022) (opinion of Judge Martha B. Allard) [not precedential]. [Section 2(d) refusal
of ONLINE BUT NEVER ALONE. for
“educational services, namely, providing online learning
instruction at the college and post-secondary educational
levels,” in view of the registered mark ONLINE.
BUT NOT ALONE. for “Educational services,
namely, providing accredited and certified courses of instruction
at the post-secondary and college level and distributing course
materials in connection therewith.”]
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