It has been said that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods. Here are four recent Section 2(d) appeals, one of which resulted in reversal. Which one? [Answer will be found in first comment].
In re Amogreentech Co., Ltd., Serial No. 88618200 (March 14, 2017) [not precedential]. [Section 2(d) refusal of SNOWMASK for "cosmetics; mask pack for cosmetic purposes," in view of the registered mark ICE MASK for "Facial beauty masks; facial cleansers; facial emulsions; facial lotion; facial masks" [MASK disclaimed]].
In re Rescue One Air, Serial No. 87000714 (March 16, 2017) [not precedential]. [Section 2(d) refusal of RESCUE ONE AIR, in standard character and design form (below), for "HVAC contractor services; Installation, maintenance and repair of HVAC units and systems," in view of the registered mark AIR RESCUE in standard character and design form (second below), for "air conditioning contractor services"].
In re Trilliant Food and Nutrition, LLC., Serial No. 87159762 (March 23, 2017) [not precedential]. [Section 2(d) refusal of JAKE'S for "coffee sold in individual cartridges for use in single serve coffee brewers" [COFFEE disclaimed], in view of the registered mark shown below, for various baked goods and confectionary products [DESSERTS disclaimed]].
In re Century Stone Incorporated trading as Century Quartz Stone, Serial No. 86687997 (March 24, 2017) [not precedential]. [Section 2(d) refusal of CENTURY QUARTZ STONE and CQ Design for "Epoxy resin-based slabs manufactured using crushed recycled rock and glass for building purposes, sold to fabricators of building products; Quartz, sold to fabricators of building products" in view of the registered mark CQ & Design for "quartz surface slabs, countertops and tiles; building materials, namely, quartz material used in the manufacture of countertops, bathroom vanities, bar tops, and tub surrounds; quartz floor tiles"].