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

Here are three Section 2(d) appeals recently decided by the TTAB. So far this year, the affirmance rate in Section 2(d) appeals is near 95%! How do you think these three came out? No hints this time. [Answers in first comment.]

In re Biobu SARL, Serial No. 90730546 (March 26, 2024) [not precedential] (Opinion by Judge Cindy B. Greenbaum). [Section 2(d) refusal of EKOBO for "Dishes, plates and bowls; cups; serving dishes and serving trays; and serving spoons and serving tongs; bathroom accessories, namely, soap boxes, soap dishes, tooth brush holders, bath sponges, soap dispensers, bathroom trays," in view of the registered mark ECOBOO for “Bath brushes; Bottle cleaning brushes; Cleaning cloth; Cleaning cloths; Cloths for cleaning; Dish cloths; Loofahs for household purposes; Sponges for household purposes; Abrasive sponges for scrubbing the skin; Bath products, namely, body sponges; Bath products, namely, loofah sponges; Cleaning sponges; Fabric clean room wipes; Facial cleansing sponges; Kitchen sponges; Massage sponges; Scouring sponges."]

In re LeNid USA Inc., Serial No. 90747917 (March 28, 2024) [not precedential] (Opinion by Judge Angela Lykos) [Section 2(d) refusal of CRÈMILY for “Frozen-yogurt” in view of the registered mark CREMILLY for “bakery products; chocolate glaze, chocolate ganache."]

In re Iowa Venture Capital Co-Investment Fund, LLC, Serial No. 97558604 (April 1, 2024) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusal to register INNOVENTURE IOWA for “Venture capital financing and advisory services in the fields of bioscience, advanced manufacturing and information technology," in view of the registered marks TGH INNOVENTURES and TAMPA GENERAL HOSPITAL INNOVENTURES, for "Financial services, namely, providing venture capital, development capital, and investment funding in the field of healthcare."]

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Text Copyright John L. Welch 2024.