TTABlog Test: Which of These Three Recent Section 2(d) Oppositions Was/Were Dismissed?

Here are three recent TTAB decisions in Section 2(d) oppositions. At least one of the oppositons was dismissed and the other(s) sustained. Remembering that a TTAB Judge (now retired) once said to me that one can predict the outcome of a Section 2(d) claim 95% of the time (at least in ex parte appeals) just by considering the marks and the goods/services, how do you think these came out? [Answer in first comment].

Chatham Imports, Inc. v. Farmer’s Creed Corp., Opposition No. 91283157 (March 30, 2026) [not precedential] (Opinion by Judge Martha B. Allard). [Section 2(d) opposition to registration of the mark FARMER'S CREED for "Alcoholic beverages, except beer," in view of the registered mark FARMER’S for “Alcoholic beverages, namely, distilled spirits."]

Allied Lomar, Inc. v. Talnua, Inc, Opposition No. 91284670 (April 13, 2026) [not precedential] (Opinion by Judge Jennifer L. Elgin) [Section 2(d) refusal to register of the mark OLDE SAINT’S KEEP for "distilled spirits," in view of the registered mark OLDE ST. NICK “alcoholic beverages, except beers.”]

Sun Garden Packing Co. v. Da Napoli Foods LLC, Opposition No. 91284802 (April 17, 2026) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) opposition to registration of the mark shown below left, for "Pasta; Sauces; Packaged meals consisting primarily of pasta or rice," in view of the registered mark shown below right, for "canned tomatoes, canned tomato puree, and canned tomato paste."

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Text Copyright John L. Welch 2026.