Here are three appeals decided by the TTAB two days ago: a Section 2(e)(1) mere descriptiveness refusal, a Section 2(e)(4) surname refusal, and a Section 2(d) likelihood of confusion refusal. Put on your judicial robes and see if you can figure out how these recent appeals came out. [Answers will be found in first comment].
In re Bedgear LLC, Serial No. 86690878 (May 10, 2017) [not precedential] (Opinion by Judge Greenbaum). [Section 2(e)(1) mere descriptiveness refusal of INDEPENDENT SUSPENSION for "Mattresses and parts thereof, mattress foundations and parts thereof, mattress toppers, pillows, back rest pillows, kids pillows and sleeping bags." Applicant argued that "independent suspension" will bring to mind cars rather than bedding, thus rendering the proposed mark suggestive and incongruous.]
In re Falcon, Serial No. 86673659 (May 10, 2017) [not precedential] (Opinion by Judge Lykos). [Section 2(e)(4) surname refusal of HUSMAN “Hats; Long-sleeved shirts; Shirts; Sweat shirts; T-shirts.” Applicant contended that HUSMAN is a rare surname (938 listings), and that her mark is a coined term representing a play on the words "husband" and "man" to refer to an unmarried man in a committed relationship.].
In re Cruz, Serial No. 86845373 (May 10, 2017) [not precedential] (Opinion by Judge Gorowitz). [Section 2(d) refusal of PA’DENTRO for "Liquor and liqueur beverages, namely, flavored tequila and ready to drink tequila-based beverages; Tequila," in view of the registered mark ADENTRO for "wines." Applicant argued that the involved goods are completely different because Applicant’s tequila “is a liquor exclusive to Mexico…made from 100% Blue Agave” with an alcohol content ranging from 35% to 55%, whereas Registrant sells a domestic wine made with Spanish varietals using old world wine making techniques.].