ARTICLE
16 January 2023

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

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Wolf, Greenfield & Sacks, P.C.

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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.
It's a new year and a clean slate. Here are the first three decisions of the year in Section 2(d) appeals. How do you think they came out? [Results in first comment].
United States Intellectual Property

It's a new year and a clean slate. Here are the first three decisions of the year in Section 2(d) appeals. How do you think they came out? [Results in first comment].

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In re Ozy Media, Inc., Serial No. 90023072 (January 4, 2023) [not precedential] (Opinion by Judge Martha B. Allard) [Section 2(d) refusal of RESET for "mugs and cups" in view of the registered mark shown below for "tableware, cookware and containers, namely, mugs made of plastic . . . ; cups made of plastics" [PLASTIC disclaimed].]

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In re Chatam International Incorporated, Serial No. 90114379 (January 6, 2023) [not precedential] (Opinion by Judge Karen Kuhlke) [Section 2(d) refusal of STRONG ISLAND for "alcoholic beverages, except beer," in view of the registered mark STRONG ISLAND ALE for "Beer, ale, lager, stout and porter" [ALE disclaimed].]

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In re Vanair Manufacturing, Inc., Serial No. 90293210 (January 10, 2023) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Section 2(d) refusal of GENAIR for "Air compressors; Generators, namely, integrated electric generators for land vehicles" in view of the registered mark GENAIRATOR for "diesel powered combination electricity generators and air compressors."].

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