Test Your TTAB Judge-Ability: Which Of These 4 Section 2(d) Refusals Was Reversed?

I once heard a TTAB judge state that the outcomes of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods/services, without more. Try your adjudicatory skills on these four recently-decided appeals, keeping in mind that, by my estimate, about 85% of Section 2(d) refusals are affirmed by the Board. [Answer in first comment].


In re Flatiron Partners, LLC, Serial No. 85699903 (October 22, 2014) [not precedential]. [Section 2(d) refusal to register FLATIRON PARTNERS for "managing hedge fund portfolios directed to high wealth, sophisticated individual investors and to sophisticated non-hedge fund corporate entities" in view of the registered mark FLATIRON CAPITAL (standard characters) for"financing and loan services"].

In re Tezio LLC, Serial No. 85769474 (October 22, 2014) [not precedential]. [Refusal to register LOLA for "plastic containers for organizing and storing cosmetic" in view of the registered mark CHARLIE & LOLA and Design for, inter alia, "containers for household and kitchen use"].

In re Citizens Disability, LLC, Serial No. 85887875 (October 22, 2014) [not precedential]. [Refusal to register CITIZENS DISABILITY HELPLINE for "Counseling and assisting others in obtaining medical or disability related benefits, namely, Social Security Disability and Supplemental Security Income benefits" and for "Representing others in obtaining medical or disability related benefits, namely Social Security Disability and Supplemental Security Income benefits" [DISABILITY HELPLINE disclaimed] in view of the mark DISABILITY HELPLINE, registered on the Supplemental Register for "Advertising services; Attorney referrals, namely, forwarding inquiries by potential clients to social security lawyers and advocates"].

In re Mannatech, Incorporated, Serial No. 85558774 (October 22, 2014) [not precedential]. [Section 2(d) refusal to register NUTRIVERUS for dietary and nutritional supplements, on the ground of likelihood of confusion with the registered mark NU VERUS & Design (in the colors shown below) for "liquid nutritional supplement; nutritional supplements; vitamin and mineral supplements"].

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Text Copyright John L. Welch 2014.