TTABlog Test: How Did These Three Section 2(d) Likelihood of Confusion Appeals Turn Out?

So far this year, the rate of TTAB affirmance of Section 2(d) refusals is a stunning 94%. Here are three recent TTAB decisions in Section 2(d) appeals. How do you think they came out? [Answers in first comment.]

In re Creative Systems and Design, LLC, Serial No. 97340379 (July 12, 2024) [not precedential] (Opinion by Judge Robert Lavache) [Section 2(d) refusal of the mark QUANTEX for "Hand tools, namely, ratchet wrenches, sockets, extensions, drive tools, socket sets, open end wrenches, combination wrenches, adjustable wrenches, pipe wrenches, screwdrivers, nut drivers, hex drivers, torque wrenches, and hand drills," in view of the registered mark shown below, for "Electric lamps; Headlights for automobiles; Lamps; LED light assemblies for street lights, signs, commercial lighting, automobiles, buildings, and other architectural uses; LED light bulbs; Light bulbs for directional signals for vehicles; Lighting apparatus, namely, lighting installations; Lights for vehicles; Lighting apparatus for vehicles."]

In re Elite Gold LTD., Serial Nos. 97160619 and 97213291 (July 17, 2024) [not precedential] (Opinion by Judge Mark A. Thurmon). [Section 2(d) refusal of the marks ROMA, in standard characters, for "cookies and biscuits; all of the foregoing not for sale at wholesale or for foodservice use" and the word-and-design mark shown below left, for "biscuits, crackers, cheese-flavored biscuits; cheese biscuits; baked cheese-flavored crackers; all of the foregoing not for sale at wholesale or for foodservice use," in view of the marks ROMA, in standard characters, for "pies namely key lime; cookies; cakes; pizza crust; and desserts namely tiramisu all for foodservice use," and the word-and-design marks shown below right, for "food products; namely, flour, pasta, bread, biscuits, yeast, salt, mustard, vinegar, spices, tomato sauce, sauces excluding apple and cranberry, pizza, spaghetti, coffee, tea, and sugar, for sale at wholesale to pizza parlors, restaurants and delicatessens for their in-house preparation of meals."]

In re Mario Enrique Santillan Aguirre, Serial No. 90859041(July 19, 2024) [not precedential] (Opinion by Judge Thomas L. Casagrande) [Section 2(d) refusal to register the mark MÁXIMO SANTANA for "Mezcal; Distilled agave liquor; Distilled blue agave liquor," in view of the registered mark SANTANA for "wines."]

Read comments and post your comment here.

TTABlog comment: Predictions? See any WYHA?s

Text Copyright John L. Welch 2024.