TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
Here are three recent Section 2(d) appeals. No hint this time. How do you think they came out? [Answer in first comment].
In re Content Partners LLC, Serial No. 98416280 (June 3, 2025) [not precedential] (Opinion by Judge Martha B. Allard). [Section 2(d) refusal of the mark shown below left in view of the registered mark shown below right, both for investment services.]
In re Natrol LLC, Serial Nos. 98027771, 98027798, 98027815, 98029191, and 98029200 (June 3, 2025) (Opinion by Judge Jennifer L. Elgin) [Section 2(d) refusal to register the word-plus-design marks SLEEP +, SLEEP + RECOVERY, SLEEP + BEAUTY, SLEEP + CALM, and SLEEP + IMMUNE HEALTH for "Vitamins; Dietary and nutritional supplement" in view of the registered mark SLEEP PLUS for "fragrances; room fragrances; household fragrances; aromatics for fragrances, namely, pillow sprays, linen sprays and room sprays; bath oils; massage preparations, namely, massage oils, and lotions; essential oils; nonmedicated skin care preparations; skin lotions, skin creams, skin moisturisers."]
In re Bison Designs, LLC, Serial No. 97786484 (May 30, 2025) [not precedential] (Opinion by Judge Jessica B. Bradley). [Section 2(d) refusal of the mark LAST CHANCE "Belts for clothing" in view of the identical mark registered for "retail discount stores featuring footwear; apparel; apparel accessories."]
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TTABlogger comment: How did you do? See any WYHA?s ?
Text Copyright John L. Welch 2025.
posted by John L. Welch @ 6/06/2025
2 comments
2 Comments:
All three were affirmed
I could not understand how the Board ruled until I I read it and realized the cited mark was a "C around a P". I thought it was just a partial circle around the letter P. My first thought was it looked just like the Copyright sound recording symbol - ℗.
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