Here are three Section 2(d) appeal decided on the same day. Keep in mind the assertion by a now-retired TTAB judge that one can predict the outcome of a Section 2(d) appeal 95% of the time by looking at just the marks and the goods/services. How do you think these appeals came out? [Answers in first comment].
In re Rivers IP Holdings, LLC, Serial No. 97811850 (September 11, 2026) [not precedential] (Opinion by Judge Elizabeth K. Brock). [Section 2(d) refusal of the mark shown below [TACO disclaimed] for "Fast casual take away restaurant services featuring Mexican food served to patrons in a casino," in view of the registered mark SUERTE for "Restaurant services; Bar services; Catering services."]
In re MAP Elite & MAP Prospects LLC, Serial No. 98651023 (September 11, 2026) [not precedential] (Opinion by Judge Catherine Dugan O'Connor). [Section 2(d) refusal of the mark shown below [ADVANCED PLAYER disclaimed] for “sports training services in the field of hockey training programs; sports training services in the field of competitive hockey player development and training programs," in view of the registered mark APX for "Consulting services in the fields of fitness and exercise; physical fitness and exercise studio services, namely, providing group and individual exercise, pilates and aerial pilates instruction, classes, equipment, and facilities; providing physical fitness and exercise studio services, namely, pilates and aerial pilates instruction, classes, training techniques, pilates and aerial pilates apparatuses, equipment and facilities; health club services, namely, providing instruction and equipment in the fields of fitness and exercise."]
In re Silver & Silver, P.A., Serial No. 97772966 (September 11, 2026) [not precedential] (Opinion by Judge Christopher C. Larkin). [Section 2(d) refusal of the mark shown below [INJURY LAW WWW.SILVERINJURYLAW.COM disclaimed] for "Providing legal services in the field of personal injury, car accidents, motorcycle accidents, truck accidents, wrongful death, bicycle accidents, boating accidents, criminal defense, DUI, injuries to children, dog bites, premises liability, slip and fall, workplace accidents, medical malpractice, catastrophic injuries, product liability," in view of the registered mark SILVER LAW GROUP for "legal services" [LAW GROUP disclaimed].]
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TTABlogger comment: How did you do? See any WYHA?s ?
Text Copyright John L. Welch 2026.
All three refusals were affirmed.
ReplyDelete1.Taco Suerte. Allow it. Because the mark doesn't start with the word Suerte, there is not a likelihood of confusion in the consumer impression. 2. APX. Since there is a presumption that the same mark in the same class is denied, APX is probably denied but they should seek a concurrent use agreement or change their initials since the services are quite different, the two mark-holders market to different consumers, and the proposed mark is quite distinctive. 3. Silver Personal Injury. The mark is weak and descriptive, and the design appears to be a logo from an online logo library. Deny! Attorney Silver can still use his/her name, and the mark doesn't need to be registered.
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