TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

The TTAB recently decided the appeals from the three Section 2(d) likelihood of confusion refusals summarized below. Keeping in mind that, by my estimate, 90 % of Section 2(d) appeals result in affirmance of the refusal, how do you think these came out? [Answer will be found in the first comment.]


In re Hungry Pet Nutrition LLC, Application Serial No. 88625423 (March 11, 2021) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Section 2(d) refusal of SUPERFOOD FOR SUPERDOGS for "dog food, namely, dry kibbles for dogs only; none of the above including dog snacks, dog treats, pet snacks or pet treats" [SUPERFOOD FOR DOGS disclaimed], in view of the registered mark SUPERFOOD SNACKS FOR DOGS for "pet food; edible pet treats; edible organic pet treats for dogs; edible vegan pet treats for dogs" [SNACKS FOR DOGS disclaimed]].

In re Plant Therapy, LLC, Serial No. 88722907 (March 12, 2021) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) Refusal of MUSCLE AID for essential oils [MUSCLE disclaimed] in view of the identical mark registered for "for “blended liquid mineral dietary supplements and nutritional dietary supplements” [MUSCLE disclaimed].

 In re Boulevard West, Inc., Serial No. 87692255 (March 16, 2021) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of BOULEVARD INSURANCE STRATEGIES & Design for "Financial and investment services, namely, financial portfolio management services, investment advisory services, financial planning services, and investment management services for high-wealth individuals and families," in view of the registered mark BOULEVARD for "accepting, processing, and reconciling credit card, debit card, gift card and other forms of payment transactions via a global computer network; financial transaction services, namely, providing secure commercial transactions and payment options."]

Read comments and post your comment here.

TTABlog comment: How did you do? See any WYHAs here?

Text Copyright John L. Welch 2021.