What is the Likelihood That the TTAB Will Affirm a Section 2(d) Refusal? 90%
I recently looked at the TTAB's FOIA page in an attempt to determine, or at least estimate, the percentage of Section 2(d) likelihood-of-confusion refusals that were affirmed by the Board during the calendar year 2012. I counted 229 Section 2(d) refusals, of which 208 were affirmed and 21 reversed. That's an affirmance rate of 91.7%. So let's say there's a 90% chance of affirmance.
Five of the decisions were precedential: TALENT ASSURANCE/JOB ASSURANCE, ANYWEAR, GRAND HOTEL, COLOMBIANO COFFEE HOUSE, and FUTURA. The ANYWEAR and GRAND HOTEL cases were reversals.
NB: Some cases involved a mark in standard character and stylized form, and I counted that situation as one refusal.
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Text Copyright John L. Welch 2013.