Tuesday, November 04, 2025

Which of These Three Section 2(d) Refusals Was/Were Reversed?

The TTAB affirmance rate for Section 2(d) appeals last year fell just under 90%. So far this year it's back to 90%. Here are three recent Board decisions, at least one of which reversed the refusal. How do you think they came out? [Answer in first comment].

In re Greg Gillespie, Serial No. 97840298 (October 29, 2025) [not precedential] (Opinion by Judge Thomas L. Casagrande). [Section 2(d) refusal of the mark DRAGONSLAYER, in standard form, for "Role playing game equipment in the nature of downloadable game book manuals," and "Role playing game equipment in the nature of printed game book manuals," in view of the registered mark shown below, for "Board games and equipment sold as a unit for playing boardgames."]

In re MVE Biological Solutions US, LLC, Serial No. 97930469 (October 30, 2025) [not precedential] (Opinion by Judge Elizabeth K. Brock). [Section 2(d) refusal of the mark CRYOCUBE for “Refrigerated shipping container” in view of the identical mark registered for "Freezers and refrigerators used in scientific laboratories."]


In re Biogena GmbH & Co KG, Serial No. 79396760 (October 30, 2025) [not precedential] (Opinion by Judge Jennifer L. Elgin). [Section 2(d) refusal to register the mark shown immediately below, for, inter alia, dietary and nutritional supplements for sports and increased performance for medical purposes, in view of the registered mark JUPITER for "Dietary supplements; dietary supplemental drinks in the nature of vitamin and mineral beverages."]

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Text Copyright John L. Welch 2025.

5 Comments:

At 5:33 AM, Blogger John L. Welch said...

The first refusal was reversed, the second and third were affirmed.

 
At 9:49 AM, Anonymous Anonymous said...

I'm looking for a new profession after 35 years of doing this. I would have sworn #2 was reversed

 
At 6:30 PM, Anonymous Anonymous said...

I had to go read that opinion. I don't believe it is a good decision.

 
At 7:13 AM, Anonymous Anonymous said...

I'm with you on this one. I was pretty confident it was #2.

 
At 11:01 PM, Anonymous Anonymous said...

I also thought it was the second. I will have to read the opinions.

 

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