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

Here are three Section 2(d) appeal decided on the same day. Keep in mind the assertion by a now-retired TTAB judge that one can predict the outcome of a Section 2(d) appeal 95% of the time by looking at just the marks and the goods/services. How do you think these appeals came out? [Answers in first comment].

In re Rivers IP Holdings, LLC, Serial No. 97811850 (September 11, 2026) [not precedential] (Opinion by Judge Elizabeth K. Brock). [Section 2(d) refusal of the mark shown below [TACO disclaimed] for "Fast casual take away restaurant services featuring Mexican food served to patrons in a casino," in view of the registered mark SUERTE for "Restaurant services; Bar services; Catering services."]

In re MAP Elite & MAP Prospects LLC, Serial No. 98651023 (September 11, 2026) [not precedential] (Opinion by Judge Catherine Dugan O'Connor). [Section 2(d) refusal of the mark shown below [ADVANCED PLAYER disclaimed] for “sports training services in the field of hockey training programs; sports training services in the field of competitive hockey player development and training programs," in view of the registered mark APX for "Consulting services in the fields of fitness and exercise; physical fitness and exercise studio services, namely, providing group and individual exercise, pilates and aerial pilates instruction, classes, equipment, and facilities; providing physical fitness and exercise studio services, namely, pilates and aerial pilates instruction, classes, training techniques, pilates and aerial pilates apparatuses, equipment and facilities; health club services, namely, providing instruction and equipment in the fields of fitness and exercise."]

In re Silver & Silver, P.A., Serial No. 97772966 (September 11, 2026) [not precedential] (Opinion by Judge Christopher C. Larkin). [Section 2(d) refusal of the mark shown below [INJURY LAW WWW.SILVERINJURYLAW.COM disclaimed] for "Providing legal services in the field of personal injury, car accidents, motorcycle accidents, truck accidents, wrongful death, bicycle accidents, boating accidents, criminal defense, DUI, injuries to children, dog bites, premises liability, slip and fall, workplace accidents, medical malpractice, catastrophic injuries, product liability," in view of the registered mark SILVER LAW GROUP for "legal services" [LAW GROUP disclaimed].]

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Text Copyright John L. Welch 2026.