TTABlog Test: Three Section 2(d) Appeals - Affirmed or Reversed?

A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal about 95% of the time just by looking at the marks and the goods/services. Of course, if you just said "affirmed" you'd be right about 90% of the time. Anyway, here are three recent Board decisions. How do you think they came out? Answer in first comment.

In re Fertinagro Biotech International, S.L., Serial No. 79328903 (November 12, 2024) [not precedential] (Opinion by Judge Jennifer L. Elgin). [Section 2(d) refusal of the composite mark shown below for "Soil fertilizers; fertilizers" in view of the registered mark FERTUM for "chemical preparations for use in agriculture, horticulture and forestry, namely, chemical additives for use in the manufacture of fertilizer; fertilizers; manures."]

In re Washington Trust Bank, Serial No. 97542874 (November 13, 2024) [not precedential] (Opinion by Judge Albert J. Zervas) [Section 2(d) refusal of the mark CLEARLY CASH BACK for "banking services; credit card services, namely, issuance of credit cards; credit card services, namely, providing cash and other rebates for credit card use as part of a customer reward program and customer use incentive program" [CASH BACK disclaimed], in view of the registered mark CLEARLY BETTER BUSINESS CHECKING for "banking services" [BETTER BUSINESS CHECKING disclaimed].

In re Making Connections Professional Services, LLC, Serial Nos. 97472548 and 97472577 (November 14, 2024) [not precedential] (Opinion by Judge Mark A. Thurmon). [Section 2(d) refusal of the mark MAKING CONNECTIONS PROFESSIONAL SERVICES, in standard character and logo form, for "Consulting services in the field of marketing of educational training; Business consultation in the field of education leadership development; Business consulting, management, planning and supervision; Business management consultation in the field of executive and leadership development; Business management consulting; Business management supervision; Business organization consulting; Personnel management consultation; Professional business consultation; Professional business consulting" [PROFESSIONAL SERVICES disclaimed] in view of the registered mark MAKING CONNECTIONS THAT COUNT for "On-line business networking services.]"

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Text Copyright John L. Welch 2024.