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

The Board is running at an affirmance rate of about 96% for Section 2(d) appeals. Here are three more for your consideration. How do you think they came out? [Results in first comment].

In re Eggtronic Engineering S.P.A., Serial No. 79290799 (April 29, 2022) [not precedential] (Opinion by Judge Cindy B. Greenbaum) [Section 2(d) refusal of ECOVOLTAS for "AC/DC power converters; Electric power converters; Integrated circuits," in view of the registered mark ECOVOLT for "Induction voltage regulators; Electric voltage transformers; Voltage stabilizers; Voltage regulators."]

In re Nextiva, Inc., Serial No. 88367632 (May 3, 2022) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusal of NEXT LEVEL for "entertainment services, namely, providing podcasts in the field of business, personal growth and professional growth," in view of the registered mark NEXT LEVEL DAILY for for "electronic downloadable publications in the nature of articles and video tutorials in the fields of productivity, organization, and planning" in International Class 9 and "providing a website featuring blogs and non downloadable publications in the nature of articles and video tutorials in the field of productivity, organization, and planning; On line journals, namely, blogs featuring articles and video tutorials in the field of productivity, organization, and planning."]

In re Wellory, Inc., Serial No. 88789909 (May 4, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of WELLORY for "Downloadable mobile applications for connecting users and experts via messaging in the field of nutrition; none of the aforesaid relating to fitness, fashion, cosmetics or skincare" and "Nutrition counseling; none of the aforesaid relating to fitness, fashion, cosmetics or skincare," in view of three registered marks:  

• WELLORIA for "providing online publications, namely newsletters and articles, in the fields of health, fitness, and lifestyle;”  
• WELLERY for "retail department store services; on-line retail department store services; retail store services in the nature of pop-up shops in the fields of fashion, beauty, wellness and skin care" and "health spa services for health and wellness of the body and spirit; cosmetic skin care services and salon services, namely, manicures, pedicures, facials, brow shaping, makeup services, massages, eye lash extensions and skin care treatments, tissue contouring and cellulite improvement;" and  
• WELLTORY for "downloadable software in the fields of healthcare, benefits programs, employee productivity and risk management, namely, software featuring tools and resources for users to monitor and manage stress, fitness, health, wellness and energy; downloadable software featuring tools and resources for users to monitor and manage stress, fitness, health, wellness and energy."] 

 

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Text Copyright John L. Welch 2022.