TTABlog Test: Which of These Three Recent 2(d) Appeals Was/Were Reversed?

The rate of affirmance for Section 2(d) refusals is running at just over 85% so far this year. That's about 5% lower than usual. Here are three recent TTAB decisions, at least one of which was reversed. How do you think they came out? Answers in first comment.

In re Lucas Oil Products, Inc., Serial No. 90667610 (October 19, 2023) [not precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d) refusal of IT WORKS! for motor vehicle lubricants; lubricants for internal combustion engines in land and water vehicles, in view of the registered mark IF IT’S SELLEYS IT WORKS for "All purpose lubricants, namely, anti-corrosive lubricants” and “lubricating oils and greases.”]

CBH International, LLC, Serial No. 90157017 (October 23, 2023) [not precedential] (Opinion by Judge Marc A. Bergsman) [Section 2(d) refusal to register UNCLE BUD’S HEMP & CBD for "Non-medicated skincare products, namely, skin moisturizers, skin lotions, skin creams, skin serums, and skin washes, all of the foregoing excluding essential oils and non-medicated beard care preparations, all of the foregoing containing hemp with less than 0.3% THC on a dry weight basis or CBD derived from industrial hemp with no more than 0.3% THC on a dry weight basis [HEMP and CBD disclaimed], in view of the registered mark UNCLE BUDDY’S  (standard characters) for “non-medicated beard care preparations, namely, beard balm, beard oil."]

In re Marlin Gas Services LLC, Serial No. 90199801 (September 29, 2023) [not precedential] (Opinion by Judge Jyll Taylor) [Section 2(d) refusal of MARLIN (standard characters) for engineering, testing, analysis, evaluation and software services for a gas delivery system from a mobile compressed natural gas system to a stationary land-based, natural gas delivery system, in view of the identical mark registered for Engineering and diagnostic services, consulting services, exploration, analysis and interpretation services, and computer systems analysis for off-shore oil and gas exploration and exploitation.]

Read comments and post your comment here.

TTABlog comment: How did you do? See any WYHA?s

Text Copyright John L. Welch 2023.