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TTABlog Test: Which Of These Three Recent Section 2(d) Appeals Resulted In Reversal(s)? – Trademark



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So far this year, the Board has reversed 7 of the more than 130
Section 2(d) refusals that it has reviewed. Here are three recent
Board decisions. At least one of the refusals was reversed. Which
one(s)? [Results in first comment].

1221982a.png


In re Public Joint Stock Company Acron
, Serial
No. 79301495 (August 4, 2022) [not precedential] (Opinion by Judge
Cheryl S. Goodman) [Section 2(d) refusal of the
mark ACRON in the sylized form shown
below, for “Gardening; landscape gardening; horticulture
services; aerial and surface spreading of fertilizers and other
agricultural chemicals; plant nursery services,” in view of
the registered mark ACRON in standard
form, for “Construction, namely construction consultancy,
construction planning.”]

1221982b.JPG


In re Everfresh Beverages Inc.
, Serial
No. 88900190 (August 2, 2022) [not precedential] (Opinion by Judge
Mark Lebow). [Section 2(d) refusal of LA CROIX GUAVA
SAO PAULO
 for “sparkling water” [GUAVA
disclaimed], in view of the registered mark SAO PAULO
STRAWBERRY LEMON
 for “non-alcoholic beverages
containing fruit juices; fruit flavored beverages; fruit-flavored
drinks; fruit based beverages; fruit based beverages enhanced with
antioxidants; [and] fruit flavored beverages enhanced with
antioxidants” [STRAWBERRY LEMON disclaimed].]

1221982c.JPG


In re SBOX Holdings LLC
, Serial No. 88886981
(August 10, 2022) [not precedential] (Opinion by Judge Cynthia C.
Lynch) [Section 2(d) refusals
of CAMBIO for “jewelry” and
“retail store services featuring jewelry,” in view of the
registered mark CAMBIARE for
“jewelry.”]

1221982d.JPG

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