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

Section 2(d) affirmances are running at about 90% this year (as usual). Here are three recent appeals. No hint this time. How do you think they came out? [Answer in first comment].

In re XOXO LOUNGE LLC, Serial No. 98196452 (July 8, 2025) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Section 2(d) refusal of the mark shown first below, for "Hookah lounge services; Shisha lounge services; Smoking lounge services" [LOUNGE disclaimed] in view of the registered mark shown second below, for "Cocktail lounges; Restaurant and bar services; Providing banquet and social function facilities for special occasions" [DINING ROOM disclaimed].]

In re Giulio Bertelli, Serial No. 79376970 (July 11, 2025) (Opinion by Judge Cheryl S. Goodman) [Section 2(d) refusal to register the mark shown below, for various clothing items, including "shirts," in view of the registered mark DSU for "Clothing, namely, T-shirts, sweatshirts, shorts, hats, cloth bibs, hooded sweatshirts, polo shirts."]

In re Unanimous Media LLC, Serial No. 97529328 (July 16, 2025) [not precedential] (Opinion by Judge Thomas L. Casagrande). [Section 2(d) refusal of the mark shown below, for "Entertainment services, namely, providing podcasts in the fields of current events, pop culture, sports, art, politics, comedy, societal issues and topics of general interest" [PODCAST disclaimed], in view of the registered mark UNANIMOUS GAMES for, inter alia, "Arranging and conducting e-sports competitions; entertainment in the nature of e-sports competitions; entertainment services in the nature of development, creation, production and post-production services of multimedia entertainment content" [GAMES disclaimed].

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Text Copyright John L. Welch 2025.