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

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 89.5% of the time. Anyway, here are three Board decisions issued two days ago. No hints this time. How do you think they came out? [Answer in first comment].

In re Eastside Food Cooperative, Serial No. 97253512 (January 22, 2025) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusal of the mark EASTSIDE FOOD CO-OP & Design for "retail grocery store services, namely, cooperative grocery store services provided by a food distribution outlet organized as a cooperative owned and governed by its members" [FOOD CO-OP disclaimed] in view of the registered mark EASTSIDE MARKETPLACE for "supermarkets" [MARKETPLACE disclaimed].]

In re ADCO Global, Inc., Serial No. 97452377 (January 22, 225) [not precedential] (Opinion by Judge David K. Heasley) [Section 2(d) refusal of the mark SOIL SWITCH for "plant growth nutrients" [SOIL disclaimed] in view of the registered mark GREENSWITCH for, inter alia, "fertilizers, liquid fertilizers; phosphates; biostimulants being plant growth stimulants for use on plants or in soils for the regulation of physiological processes in plants, including growth, for crop improvement."]

In re Unanimous Media LLC, Serial No. 97529322 (January 22, 2025) [not precedential] (Opinion by Judge Karen S. Kuhlke). [Section 2(d) refusal of the mark UNANIMOUS PUBLISHING & Design for "Book publishing; Publishing of books, e-books and audio books" [PUBLISHING disclaimed] in view of the registered mark UNANIMOUS GAMES for, inter alia, "development, creation, production and post-production services of multimedia entertainment content” and for e-sport gaming services. [GAMES disclaimed]. 

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Text Copyright John L. Welch 2025.