TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
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The TTAB recently decided the appeals
from the three Section 2(d) likelihood of confusion refusals
summarized below. Keeping in mind that, by my estimate, 90 % of
Section 2(d) appeals result in affirmance of the refusal, how do
you think these came out? [Answer will be found in the first
In re Hungry Pet Nutrition LLC, Application
Serial No. 88625423 (March 11, 2021) [not precedential] (Opinion by
Judge Cynthia C. Lynch). [Section 2(d) refusal
of SUPERFOOD FOR SUPERDOGS for “dog
food, namely, dry kibbles for dogs only; none of the above
including dog snacks, dog treats, pet snacks or pet treats”
[SUPERFOOD FOR DOGS disclaimed], in view of the registered
mark SUPERFOOD SNACKS FOR DOGS for
“pet food; edible pet treats; edible organic pet treats for
dogs; edible vegan pet treats for dogs” [SNACKS FOR DOGS
In re Plant Therapy, LLC,
Serial No. 88722907 (March 12, 2021) [not precedential] (Opinion by
Judge Michael B. Adlin). [Section 2(d) Refusal
of MUSCLE AID for essential oils [MUSCLE
disclaimed] in view of the identical mark registered for “for
“blended liquid mineral dietary supplements and nutritional
dietary supplements” [MUSCLE disclaimed].
In re Boulevard West, Inc., Serial No. 87692255
(March 16, 2021) [not precedential] (Opinion by Judge Cheryl S.
Goodman). [Section 2(d) refusal of BOULEVARD INSURANCE
STRATEGIES & Design for “Financial and
investment services, namely, financial portfolio management
services, investment advisory services, financial planning
services, and investment management services for high-wealth
individuals and families,” in view of the registered
mark BOULEVARD for “accepting,
processing, and reconciling credit card, debit card, gift card and
other forms of payment transactions via a global computer network;
financial transaction services, namely, providing secure commercial
transactions and payment options.”]
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