Friday, January 31, 2025

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

The TTAB affirmance rate for Section 2(d) appeals last year fell just under 90%. Here are three recent Board decisions, at least one of which reversed the refusal. How do you think they came out? [Answer in first comment].

In re Life At Home US Corp., Serial No. 97268381 (January 24, 2025) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of LAH KITCHEN for "Pizza cutters, non-electric; Spreader in the nature of a small knife for butter or cheese; Table cutlery; Butter knives; Fruit knives; Kitchen knives; Non-electric can openers; Non-electric garlic choppers" [KITCHEN disclaimed] in view of the registered mark LAH. WARM for "Drapery; Quilts; Baby blankets; Bath linen, except clothing; Bed linen; Lap blankets; Mattress covers; Pet blankets; Pillow covers; Shower curtains of textile or plastic; Sleeping bags; Table cloth of textile; Tablecloths, not of paper; Textile fabrics for home and commercial interiors; Textile place mats; Textile wall hangings; Towels; Unfitted fabric furniture covers; Upholstery fabrics; Woollen blankets."]

In re SCU Community Foundation, Serial No. 97848911 (January 24, 2025) [not precedential] (Opinion by Judge Lawrence T. Stanley, Jr.). [Section 2(d) refusal of CLIMB COMMUNITY FOUNDATION for "charitable foundation services, namely, providing financial assistance for programs and services of others" [COMMUNITY FOUNDATION disclaimed] in view of the registered marks KEEP CLIMBING FOUNDATION, KEEP CLIMBING, and the mark shown below [“FOUNDATION” disclaimed)] for, inter alia, "Charitable fundraising services."]

In re Clearview Systems, LLC, Serial No. 98288775 (January 27, 2025) [not precedential] (Opinion by Judge Jennifer L. Elgin). [Section 2(d) refusal of FITSYNC for "Athletic footwear; Athletic shoes" in view of the identical mark registered for, inter alia, "Computer software in the field of fitness consultation capable of communicating with portable devices such as hand held communication devices to design individualized fitness programs, recommend vitamins and nutritional supplements, and record exercise routines."]

Read comments and post your comment here.

TTABlogger comment: How did you do?

Text Copyright John L. Welch 2025.

3 Comments:

At 6:41 AM, Blogger John L. Welch said...

The second one was reversed; the first and third were affirmed.

 
At 7:12 PM, Anonymous Anonymous said...

Wow. If a mark exists that is even close for anything - fugget about it?

 
At 7:19 PM, Anonymous Anonymous said...

In re SCU Community Foundation? What did I just read? Of all hills to die on, this is what the TTAB reverses? Sheesh.

 

Post a Comment

<< Home