TTABlog Test: Two Section 2(d) Refusals of THE JILLY BOX: How Did the Appeal Turn Out?

The USPTO refused to register the mark THE JILLY BOX (standard characters) [BOX disclaimed] for "jewellery; curated boxes being kits comprised of jewellery" in Class 14, and for subscription box services (described more fully below) in Class 35, on the ground of likely confusion with two different registered marks. Keeping in mind the comment of one former TTAB judge that the outcome of a Section 2(d) case can be predicted 95% of the time based on just the marks and the goods, how do you think these appeals (set out in more detail below) came out? [Answer in first comment]. In re The Jilly Box Inc., Serial No. 90253914 (November 19, 2025) [not precedential] (Opinion by Judge Thomas L. Casagrande).

As to the class 14 goods, registration of THE JILLY BOX for "jewellery; curated boxes being kits comprised of jewellery" was refused in view of the registered mark shown immediately below, for "jewelry."

As to the class 35 services - "subscription services, namely, online retail store services featuring subscription boxes containing clothing and handbags, footwear, fashion accessories in the nature of belts, scarves, shoulder wraps, mittens, gloves and socks and headwear, health and beauty, home décor, technology, fitness and food products; promoting the goods and services of others through the distribution of boxes filled with assorted items in the fields of fashion, health and beauty, home décor, technology, fitness and food products" - registration of THE JILLY BOX was refused in view of the registered mark JILLY'S MOM MADE THAT (in standard form) for "On-line retail store services featuring woman, teens, and children’s apparel, namely, shirts, long sleeve shirts, short sleeve shirts, tank tops, sweaters, dresses, pants, capris, jackets, footwear, hats and caps, children’s and infant’s apparel, namely, shirts, tank tops, jackets, pants, capris, jumpers, overall sleepwear, pajamas, rompers and one-piece garments, bodysuits, baby bibs not of paper, children’s headwear, gloves for apparel, hats for infants, one piece garment for infants and toddlers, shirts for infants, babies, toddlers and children, sleeping garments, shoes, sandals, boots, purses, clutches, handbags, all-purpose carrying bags, wallets, and plush toys."

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TTABlogger comment: Good luck!

Text Copyright John L. Welch 2025.