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

By my count, the TTAB has affirmed about 88% 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.

Samjen of Tampa, Inc., Serial No. 90501168 (June 29, 2023) [not precedential] (Opinion by Judge Christen M. English). [Refusal to register BLACK BELT for “advisory services relating to building construction” and “construction project management services,” in view of the registered mark BLACKBELT for real estate management, real estate brokerage services and investment advisory services].

In re Mighty Buildings, Inc., Serial Nos. 90384068, 90384173, 90384232 and 903842721 (June 30, 2023) [not precedential] (Opinion by Judge Thomas Shaw) [Refusal to register the marks MIGHTY STUDIO, MIGHTY DUPLEX, MIGHTY HOUSE and MIGHTY DUO for "3D printing of building components and structures for others" and for "Custom 3D printing of residential buildings [for others]" (STUDIO, DUPLEX, and HOUSE disclaimed), in view of the registered mark MIGHTY SMALL HOMES for “Planning and custom construction services limited to diminutive residential homes, custom construction of small-footprint residential structures."]

In re SA Consumer Products, Inc., Serial Nos. 90544627 (June 30, 2023) [not precedential] (Opinion by Judge Christoper Larkin) [Refusal to register SANCTUARY PLATINUM & Design for "safes" in view of the registered mark PLATINUM for "metal safes for the storage of firearms and other valuables."]

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Text Copyright John L. Welch 2023.