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

By my count, the TTAB has affirmed about 84% of the Section 2(d) refusals it has reviewed on appeal this year. How do you think these latest three appeals came out? Results will be found in the first comment.

In re Nanjing Linkwifi Network Technology Co., Ltd., Serial No. 79223580 (June 9, 2023) [not precedential] (Opinion by Deputy Chief Judge Mark A. Thurmon ). [Refusal to register WIFI MASTER KEY for “computer software for searching for wireless internet connectivity, wirelessly connecting to the internet, and sharing access to wireless internet connectivity," wireless broadcasting; message sending; providing access to databases; computer aided transmission of messages and images; providing user access to global computer networks, software as a service (SaaS) services featuring software for searching for wireless internet connectivity" and "wireless broadcasting; message sending; providing access to databases; computer aided transmission of messages and images; providing user access to global computer networks" [WIFI disclaimed], in view of the registered certification marks WI-FI, in standard form, and WIFI in the design form shown below, for "Computer hardware and peripherals, namely, wireless local area networking products."

In re Automatic Equipment Manufacturing Co. d/b/a Blue Ox, Serial No. 90479241 (June 12, 2023) [not precedential] (Opinion by Judge Jonathan Hudis) [Refusal to register the mark TRACKPRO for "weight-distributing trailer hitches for towed vehicles," in view of the registered mark TRAC-PRO for "structural parts for industrial engines for land vehicles and structural parts for industrial land vehicles; structural parts for tractors and structural parts for tractor engines."]

In re Seton Hall Preparatory School, Serial Nos. 90459031 (June 13, 2023) [not precedential] (Opinion by Judge Cheryl S. Goodman) [Refusal to register SETON HALL PREP for "Educational services, namely, conducting classes, courses, seminars, workshops and conferences in the field of high school preparatory education, including sports, art, and theater, and distribution of educational materials in connection therewith" [PREP disclaimed], in view of the registered mark SETON HALL UNIVERSITY for, inter alia, "Educational services, namely, conducting lectures, courses, workshops, seminars and conferences at the university undergraduate, graduate and post-graduate levels, and conducting extension courses and community service lectures and workshops" [UNIVERSITY disclaimed].

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Text Copyright John L. Welch 2023.