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

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal about 95% of the time just by looking at the marks and the goods/services. Of course, if you just said "affirmed" you'd be right about 89.5% of the time. Anyway, here are three Board decisions issued early this year. No hints this time. How do you think they came out? [Answer in first comment].

In re Rockridge Enterprises LLC, Serial No. 97578343 (January 3, 2025) [not precedential] (Opinion by Judge Robert H. Coggins). [Section 2(d) refusal of the mark ROCKRIDGE ORCHARDS for "Non-alcoholic cider, namely apple ciders, raspberry apple cider, strawberry apple cider and asian pear cider; non-alcoholic sweet ciders, namely spiced apple cider" [ORCHARDS disclaimed] in view of the registered mark ROCKRIDGE CELLARS for "wine" [CELLARS disclaimed].]

In re Lofty Water LLC, Serial No. 97043120 (January 7, 2025) [not precedential] (Opinion by Judge Christopher C. Larkin) [Section 2(d) refusal of the mark LOFTIWATER for "Water beverages" in view of the registered mark LOFTY for, inter alia, coffee, tea, fruit juices and fruit juice-based drinks.]

In re Wet Holdings (Global) Limited, Serial No. 79290215 (January 8, 2025) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusal of the mark WEECAN for "waters, namely, still water, carbonated mineral water and flavored mineral water; carbonated mineral water, and flavored mineral water; flavored waters; functional water-based beverages, namely, energy drinks, fruit juice beverages and beauty beverages, namely, fruit juices and energy drinks containing nutritional supplements; mineral waters" in view of the registered mark WECANVEGAN for "retail store services featuring vegan and nutritional fortified foods and beverages; online retail store services featuring vegan and nutritional fortified foods and beverages."]

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TTABlogger comment: See any WYHA?s? 

Text Copyright John L. Welch 2024.