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So far this year, the Board has affirmed 107 of the 112 Section 2(d) refusals on appeal. How do you think these three appeals came out? [Results in first comment].
In re Denise Wiggins, Serial No. 88925216 (July 21, 2022) [not precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d) refusal of the mark EINAFF COSMETICS in the word-and-design form shown below, for "Face powder; Glitter for cosmetic purposes; Lip gloss; Lip gloss and wands therefor sold as a unit; Lip glosses; Lipstick; Lipstick cases; Lipstick holders; Lipsticks; Body glitter; Face and body glitter; Loose face powder; Make-up powder; Pressed face powder" [COSMETICS disclaimed], in view of the registered mark EINAFF for "Aromatherapy fragrance candles; Backfire torches containing diesel oil or kerosene and a wick for use in starting backfires to control fires and for controlled burns; Candles; Candles being of wax or liquid, for the illumination of carved pumpkins, mini-pumpkins, gourds, and other fruits and vegetables; Candles and wicks for candles for lighting; Candles for night lights; Christmas tree candles; Colored fire torches; Dust-binding compositions; Dust absorbing compositions; Dust binding compositions for sweeping; Petroleum based dust absorbing compositions for use in road building, sweeping, dustlaying; Scented candles; Scented wax for use in candle warmers; Wicks for candles; Wicks for candles for lighting."]
In re ConMed Corporation, Serial No. 88202718 (July 21, 2022) [not precedential] (Opinion by Judge Christopher Larkin). [Section 2(d) refusal of CONMED UNIFY for "surgical devices, namely, a modular multifunction energy platform consisting of surgical smoke evacuation devices for capturing and filtering smoke during electrosurgical procedures, electrosurgical generator apparatus, namely, electrosurgical generators with argon beam coagulation capabilities used only for laparoscopic surgeries and sold only by authorized and exclusive sales representatives who do not also sell suture needles and sutures," in view of the registered mark UNIFY "surgical needles and sutures."]
In re CN Smokeless Company, LLC, Serial No. 88814027 (July 21, 2022) [not precedential] (Opinion by Judge Marc A. Bergsman) [Section 2(d) refusal of HORIZON for "moist smokeless tobacco; smokeless tobacco," in view of the registered mark HORIZONTECH "Ashtrays for smokers; Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes; Cigarette cases; Cigarette paper; Electronic cigarettes; Firestones; Japanese shredded tobacco (kizami tobacco); Lighters for smokers; Match holders; Pocket machines for rolling cigarettes."]
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