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 involved goods and services. How do you think theses three cases came out? [Results in first comment].

Better Life Nutritional Supplements, LLC, Serial No. 90389844 (March 13, 2023) [not precedential] (Opinion by Judge Cindy B. Greenbaum) [Section 2(d) refusal of WAKE-UP CALL for "Dietary supplements; Nutritional supplements," in view of the registered mark WAKE UP CALL for "Skin care products, namely, non-medicated skin serum."

Speymalt Whiskey Distributors Ltd, Serial No. 79296030 (March 16, 2023) [not precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d) refusal of THE CAIRN for “Spirits and liqueurs; whisky and whisky-based liqueurs; but insofar as whisky and whisky-based liqueurs are concerned, only Scotch whisky and Scotch whisky-based liqueurs," in view of the registered mark CAIRN BREWING for "beer" [BREWING disclaimed] and CAIRN BREWING & Design, shown below, for "taproom services, taproom services featuring craft beer" (KENMORE WASHINGTON BREWING disclaimed).]

In re Jon Wayne Heating & Air Conditioning, Inc., Serial No. 87065528 (March 16 2023) [not precedential] (Opinion by Judge Thomas W. Wellington) [Section 2(d) refusal of the mark JW (Stylized), shown below, for "an extensive list of services, including contractor, repair, installation, maintenance, and technical support services in the fields of heating, ventilation, air conditioning, plumbing, insulation, solar energy, and home automation," in view of the registered mark JW HOME IMPROVEMENT for various handyman services, including custom carpentry and building repair and maintenance [HOME IMPROVEMENT disclaimed]].

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Text Copyright John L. Welch 2023.