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

Here are three recent appeals from Section 2(d) refusals. As previously mentioned, a former TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods/services. How do you think theses three cases came out? [Results in first comment].

In re Bioclinical Sciences, LLC, Serial No. 90094476 (February 14, 2023) [not precedential] (Opinion by Judge Elizabeth A. Dunn) [Section 2(d) refusal of BIOCLINICAL SCIENCE for "vitamin supplements," in view of the registered mark BIOCLINIC NATURALS for "dietary and nutritional supplements; dietary food supplements; food supplements; health food supplements; herbal supplements; nutraceuticals for use as a dietary supplement; vitamin and mineral supplements; all of the aforegoing derived primarily from natural ingredients" (NATURALS disclaimed).]

In re THX Ltd., Serial No. 90272320 (February 21, 2023) [not precedential] (Opinion by Judge Jonathan Hudis). [Section 2(d) refusal of THX ONYX for "dongles being portable digital to analog audio converters and audio power amplifiers for use with headphones," in view of the registered mark ONYX for "audio mixers; analog audio mixers with digital interfaces; audio amplifiers; audio signal amplifiers; audio signal mixers; audio processing and recording equipment in the nature of computer software, computer hardware, and software contained on flash drives for audio mixing and amplification."]

In re Baldwin Risk Partners, LLC, Serial No. 90335197 (February 21, 2023) [not precedential] (Opinion by Judge Christen M. English) [Section 2(d) refusal of the mark BRP for, inter alia, "insurance carrier services; insurance agency and brokerage services, in view of the registered mark shown below, for "“insurance services, namely, providing underwriting services and insurance brokerage services in the area[] of professional liability insurance" (BUSINESS RISK PARTNERS disclaimed).

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Text Copyright John L. Welch 2023.