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Appeal from a Section 2(d) Refusal: You Be the TTAB Judge!

Alrighty, then. Here's another chance to prove your TTAB judgeworthiness. Applicant Blue Heaven Hosiery seeks to register the mark BBW in standard character form for "women?s knee high stockings of nylon and spandex construction material and not including upper torso clothing." Examining David C. Reihner refused registration under Section 2(d), deeming the mark likely to cause confusion with the registered mark BBW & Design (shown here, lined for blue and gold) for "clothing for over-sized women ? namely, jeans, blouses, lingerie, skirts, and slacks." What do you think? In re Blue Heaven Hosiery Co., Inc., Serial No. 76687280 (May 26, 2009) [not precedential].The Examining Attorney submitted more than a dozen registrations identifying goods from both the application and the cited registration...continue to full post

Full post as published by The TTABlog on June 09, 2009 (boomark / email).