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

The TTAB affirmance rate for Section 2(d) appeals last year fell just under 90%. So far this year it's back to 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In re Yolee’s Meal Prep LLC, Serial No. 97106121 (May 21, 2025) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of the mark shown below for "Processed algae for human consumption in the nature of dried edible sea moss from Caribbean islands; Algae food beverages, namely, sea moss drinks; Processed algae for human consumption, namely, edible sea moss gel" [MOSS disclaimed], in view of the registered mark LADYBOSS for “Dietary supplements."

In re Random Life, Serial No. 98271953 (May 27, 2025) [not precedential] (Opinion by Judge Mark A. Thurmon). [Section 2(d) refusal of the mark REVALIA for “Jewelry; Jewelry brooches; Jewelry rings; Necklaces" in view of t he registered mark REVOLIA for, among other things, "Jewelry," "Jewelry brooches," "Rings being jewelry," and “Necklaces."]

In re Syracuse Label Company, Inc., Serial No. 97614824 (May 28, 2025) [not precedential] (Opinion by Judge George C. Pologeorgis). [Section 2(d) refusal to register the mark NEXTGEN LABEL GROUP for “labels printed on pressure-sensitive paper substrates,” “flexible packaging, namely pouches and containers, made from polymer films,” and “labels printed on pressure-sensitive polymer films" [LABEL GROUP disclaimed], in view of the registered marks (different owners) NEXT GENERATION PACKAGING for, among other things, “Packaging containers, all being made of plastic or a combination of plastics and other materials, the plastics predominating; Containers, primarily made of plastic, sold empty, namely, containers for commercial use; Containers, not of metal, for commercial or industrial use" and NEXGEN PACKAGING for “Paper identification tags” [PACKAGING disclaimed in both registrations].

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Text Copyright John L. Welch 2025.