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, decided on the same day. No hints this time. How do you think they came out? [Answer in first comment].
In re Lemon Inc., Serial No. 98247563 (August 8, 2025) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of the mark CRYSTAL OF ATLAN in view of the registered mark HEROES OF ATLAN, both for computer game software.]
In re Clinical Support Systems Inc., Serial No. 90136803 (August 8, 2025) (Opinion by Judge David K. Heasley) [Section 2(d) refusal to register the mark shown first below, for "“computer software services, namely, providing online, nondownloadable computer software used to allow care providers to access, enter and view patient health information at the point of care," in view of the registered mark shown second below, for, inter alia, "messaging, video conferencing, file sharing, data collection and database management in the field of professional-client interaction and case management."]
In re Coventya, Serial No. 79319649 (August 8, 2025) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusal of the mark FINIGARD for, inter alia, "Products for the treatment of metal surfaces in order to make them resistant to rust as well as tarnishing, namely, rust preservatives in the nature of a coating for metal surfaces, excluding metal surfaces related to HVAC equipment, for use on electroplated and passivated components" and "Protective products for metals, namely, protective preservatives used in electroplating metals to protect against rust," in view of the registered mark INFINIGUARD for "Anti-corrosion coating for HVAC equipment and other metal surfaces."]
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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 @ 8/12/2025
3 comments
3 Comments:
All three were affirmed
I would not have appealed. There was no doubt as to outcome.
I think the marks when viewed as a whole for the computer games are distinguishable. I would have preferred to see the application move forward to see if the other game's owner would have opposed the application. They did not have a registration for just "ATLAN." Many games with similar titles coexist without confusion to consumers.
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