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

Here are the three Section 2(d) appeals recently decided by the TTAB. So far this year, the affirmance rate in Section 2(d) appeals is over 90%. How do you think these three came out? No hints this time. [Answers in first comment.]

In re Bath Busters, Inc., Serial No. 90850908 (February 28, 2024) [not precedential] (Opinion by Judge Christen M. English) [Section 2(d) refusal of BATH BUSTERS for "remodeling of residential and commercial bathroom[s]" in view of the registered mark TILE BUSTERS, in standard character and logo form, for dust free tile removal services.]

In re Tiffany L. Henry, Serial No. 90446044 (March 5, 2024) [not precedential] (Opinion by Judge George C. Pologeorgis). [Section 2(d) refusals of NOBODY CARES ... THEY REALLY DON'T! for "Sweatpants; Sweatshirts; Baseball caps; Bathing suits; Fleece pullovers; Gym pants; Hats; Headwear; Hooded sweatshirts; Hooded pullovers; Hooded sweat shirts; Jackets; Jeans; Jogging pants; Jogging suits; Jumpers; Long sleeve pullovers; Men's socks; Outer jackets; Pajama bottoms; Pants; Robes; Short sets; Shorts; Socks; Sweat jackets; Sweat pants; Sweat shirts; Sweat suits; Sweaters; Swim trunks; Swimsuits; T-shirts; Tank tops; Track jackets; Track pants; Track suits; Tracksuits; Undergarments; Underpants; Undershirts; Underwear; Wind resistant jackets," in view of the registered mark NOBODY CARES for Backpacks; Fanny packs; Tote bags; Gym bags, Shirts, and On-line retail store services featuring apparel and accessories.]

In re Hinsdale Bank & Trust Company, National Association, Serial No. 97374049 (March 6, 2024) [not precedential] (Opinion by Judge Melanye K. Johnson). [Section 2(d) refusal to register COMMUNITY BANK OF WILLOWBROOK for banking services [COMMUNITY BANK disclaimed], in view of the registered mark WILLOWBROOK for "financial management services, investment administration and consulting services, and investment of funds for other."]

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Text Copyright John L. Welch 2024.