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

Here are the first three Section 2(d) appeals decided by the TTAB in 2024. How do you think they came out? [Answers in first comment.]

In re Structure Financial, Inc., Serial No. 90690591 (January 3, 2024) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Section 2(d) refusal of STRUCTURE for "securities brokerage services, namely, trading tokenized securities utilizing block-chain technology, smart-contracts, and decentralized financial protocols; brokerage services for cryptocurrency trading, namely, trading tokenized assets utilizing block-chain technology, smart-contracts, and decentralized financial protocols," in view of the registered mark STRUCTURE & Design (shown below) for "financial services and investment services, namely, funds management, investment and portfolio management services; advisory, consultancy and information services in relation to the aforementioned services" [STRUCTURE disclaimed].]

In re James Lindsay, Serial No. 90793706 (January 8, 2034) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of BOSSCOIN for, inter alia, various cryptocurrency-related services, in view of the registered mark BOSCOIN for various virtual currency-related services.]

In re Master Brands, Serial No. 88892357 (January 9, 2024) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Section 2(d) refusal of GUARDIAN for "reflective clothing for the prevention of industrial accidents, namely, shirts, hooded sweatshirts, pants, coveralls and outerwear in the nature of jackets and coats," in view of the registered mark shown below, for "Shirts; Shirts and short-sleeved shirts; Shirts for men, women, children; Golf shirts; Golf pants, shirts and skirts; Knit shirts; Open-necked shirts; Polo shirts; Short-sleeved shirts; Sports shirts; T-shirts; Wearable garments and clothing, namely, shirts; Women’s clothing, namely, shirts, dresses, skirts, blouses."]

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Text Copyright John L. Welch 2024.