TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
Section 2(d) affirmances continue to run at about 90% this year (as usual). Here are three recent appeals. No hints this time. How do you think they came out? [Answer in first comment].
In re Little Mexico LLC, Serial No. 98111934 (August 14, 2025) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of the mark LITTLE MEXICO for "Take-out restaurant services" [MEXICO disclaimed] in view of the registered mark shown below, for "Restaurant and bar services; Restaurant services" [MEXICO and ESTABLISHED 1955 disclaimed.]
In re Crystal Factor, LLC, Serial No. 98593860 (August 15, 2025) (Opinion by Judge Robert Lavache) [Section 2(d) refusal to register the mark IT'S THE BOMB for “Erotic non-medicated bath bombs, erotic non-medicated soaps, non-medicated bubble bath, and erotic non-medicated bath accessories being soap in the form of bath toys," in view of the registered mark DA BOMB for "bath and body products, namely, bath fizzer bombs; bath salts, not for medical purposes; bath preparations, not for medical purposes" [BOMB disclaimed].
In re The Breadfruit Company LLC, Serial No. 98271727 (August 18, 2025) [not precedential] (Opinion by Judge Jessica B. Bradley). [Section 2(d) refusal of the mark BIG MARBLE for "soft drinks, namely sodas" in view of the registered marks MARBLE POP for "carbonated soft drinks" [POP disclaimed] and RED MARBLE for, inter alia, soft drinks.]
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Text Copyright John L. Welch 2025.
posted by John L. Welch @ 8/21/2025
4 comments
4 Comments:
All refusals were affirmed.
I’m annoyed by the marble registration. See https://en.m.wikipedia.org/wiki/Codd-neck_bottle — deceptively misdescriptive!
I disagree with the bath bomb one. "Bomb" is 100% generic for these products and these marks are extremely weak. I think "IT'S THE" and "DA" are sufficiently different here considering how weak these marks are. The reasoning is overbaked.
No surprises there.
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