ARTICLE
30 August 2019

TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

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For nearly a century, Wolf Greenfield has helped clients protect their most valuable intellectual property. The firm offers a full range of IP services, including patent prosecution and litigation; post-grant proceedings, including IPRs; opinions and strategic counseling; licensing; intellectual property audits and due diligence; trademark and copyright prosecution and litigation; and other issues related to the commercialization of intellectual property.
Here are three very recent TTAB decisions in Section 2(d) appeals, decided on the same day. I'm not giving any hints
United States Intellectual Property

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 turned out? [Answer in first comment].

In re Tucker's Trinkets & Treasures LLC, Serial No. 87627270 (August 26, 2019) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of TUCKER'S TRINKETS & TREASURES (in standard characters, TRINKETS disclaimed) for "jewelry charms" in view of the registered mark TUCKER'S FINE JEWELRY & GIFT GALLERY (in standard characters, FINE JEWELRY & GIFT disclaimed) for "jewelry"].

In re Fredman Bros. Furniture Company, Inc., Serial No. 87567505 (August 26, 2019) [not precedential] (Opinion by Judge Cindy B. Greenbaum). [Section 2(d) refusal of TEMPTEC for "Mattresses, mattress protector covers, pillows, and pillow protector covers" in view of the registered mark TEMPTEXX for "mattress topper"].

In re DCD IDID Enterprise, LLC , Serial No. 87465751 (August 26, 2019) [not precedential] (Opinion by Judge Christopher Larkin). [Section 2(d)refusal of the mark ID.IGNITION SYSTEMS in standard characters (IGNITION SYSTEMS disclaimed) for "keyless entry system and keyless ignition switch system for retrofit installation into classic and hot rod automotive vehicles comprised of electric wire harnesses for automobiles, controller box in the nature of electrical controllers, microprocessor, electronic signal receiver, and keyfob with electronic signal transponder and button" in view of the registered mark I.D. SYSTEMS & Design (shown below) for "wireless transmitters and receivers for use with vehicles and other powered assets"].

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