TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?

The TTAB affirmance rate for Section 2(d) appeals continues to run at about 90% so far this year. Here three recent Board decisions, at least one of which reversed the refusal. How do you think they came out?

In re Agrinova Science S.A., Serial No. 97636947 (November 12, 2024) [not precedential] (Opinion by Judge Jennifer L. Elgin). [Section 2(d) refusal of the mark AGRINOVA SCIENCE & Design for, inter alia, fertilizer, compost, and agricultural chemicals and for on-line retail store services featuring chemicals of all kinds for use in agriculture, horticulture and forestry [SCIENCE disclaimed], in view of the registered mark AGRINOVA for "Fresh agricultural products, namely, vegetables, fruits, herbs, living grass, natural turf, and seeds, none of the foregoing including potatoes."

In re iPayed, LLC, Serial No. 90855472 (November 21, 2024) [not precedential] (Opinion by Judge Christen M. English) [Section 2(d) refusal of the mark shown below, for "bank tendering, namely, tendering of money; banking; electronic banking via a global computer network; home banking; online banking; savings bank services" [EBANK disclaimed], in view of the registered mark IPAY for, inter alia, "providing financial information" and "financial planning and investment advisory services."]

In re A JW Production, LLC, Serial No. 97426636 (November 21, 2024) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of the mark ONE DROP CONFERENCE for "Business and direct sales training, and distributing course materials in connection therewith; educational services, namely, developing, arranging, and conducting business conferences, seminars, classes, workshops, training, and programs in the fields of business, leadership,and entrepreneurship, none of which relate to humanitarian projects" [CONFERENCE disclaimed], in view of the registered mark ONE DROP for “business management, planning, and development of humanitarian projects for improving quality of life and living conditions of underprivileged populations” and for “charitable fund raising; financing of humanitarian projects for improving quality of life and living conditions of underprivileged populations."

Read comments and post your comment here.

TTABlogger comment: How did you do?

Text Copyright John L. Welch 2024.