TTABlog Test: Three Recent Section 2(d) Appeals For Your Consideration

The rate of affirmance for Section 2(d) refusals is running at about 93% so far this year, a tad higher than usual. Here are three recent TTAB decisions. How do you think they came out? [Answers in first comment.]

In re Alex Avila, Serial No. 97253987 (June 11, 2024) [not precedential] (Opinion by Judge Michael B. Adlin) [Section 2(d) refusal of the mark LOVE UNIVERSITY for “educational services, namely, conducting seminars, lectures, teleseminars, teleclasses, and workshops in personal awareness; entertainment services, namely, providing video podcasts in the field of psychology/spirituality/self help" [UNIVERSITY disclaimed], in view of the registered mark LUV YOUNIVERSITY for "education services, namely, providing mentoring, tutoring, classes, seminars and workshops in the field of self improvement, relationships, health and wellness, business; entertainment services, namely, providing podcasts in the field of self improvement, relationships, health and wellness, business; entertainment services, namely, providing video podcasts in the field of self improvement, relationships, health and wellness, business; publishing of books, e books, audio books, music and illustrations."]

In re Freeway Music, LLC, Serial No. 97421483 (June 12, 2024) [not precedential] (Opinion by Judge Christen M. English) [Section 2(d) refusal to register FREEWAY MUSIC for “Instruction in the nature of music lessons" [MUSIC disclaimed] in view of the registered mark FREEWAY for "audio and video recordings featuring musical entertainment."]

In re Red Toro Clothing Inc., Serial No. 97192675 (June 13, 2024) [not precedential] (Opinion by Judge Mark Lebow) [Section 2(d) refusal of RED TORO for "hats; headwear; pants; shirts; shorts; sweatshirts; bottoms as clothing; jackets; tank tops; tops as clothing; hooded sweatshirts" in view of the registered marks RED BULL and TORO ROSSO for overlapping clothing items.]

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Text Copyright John L. Welch 2024.