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

The TTAB affirmance rate for Section 2(d) appeals is running at 90% so far this year. Here are three recent decisions. How do you think they came out? No hint this time.

In re Casa Bonita Foods Inc., Serial No. 97497611 (September 19, 2024) [not precedential] (Opinion by Judge Cindy B. Greenbaum). [Section 2(d) refusal of the mark CASA BONITA for "Tortillas; Corn-based snack foods; Tortilla chips; Tortilla shells" in view of the identical mark registered for "restaurant services."]

In re Silgan Containers LLC, Serial Nos. 97016113 and 97016116 (September 20, 2024) [not precedential] (Opinion by Judge Mark Lebow) [Section 2(d) refusals of the marks CHILL-CUP and CHILL-CUPS for "Disposable metal cups; cups; mugs; bottles, sold empty; drinking glasses; water bottles sold empty; insulated beverage containers; drinking bottles for sports" in view of the registered mark CHILL CUPS (Stylized, as shown on the specimen of use) for "cork coasters."]

In re Summer Soles, LLC, Serial No. 97287607 (September 20, 2024) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of the mark FIELDS OF GREEN for "Facial moisturizers containing matcha" in view of the identical mark registered for "nutritional supplement containing barley green."]

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TTABlogger comment: See any WYHA?s?

Text Copyright John L. Welch 2024.