So far this year, the Board has affirmed 112 of the 119 Section 2(d) refusals on appeal. How do you think these three recent appeals came out? [Results in first comment].
In re P&P Imports LLC, Serial No. 90110212 (August 2, 2022) [not precedential] (Opinion by Judge Frances S. Wolfson) [Section 2(d) refusal of the mark BATTLE STRIKE for "equipment sold as a unit for playing projectile shooting games" in view of the identical mark registered for "computer game programmes; downloadable computer game software via a global computer network and wireless devices; downloadable computer programs featuring positionable game piece figures for use in the field of computer games; electronic game software accessible via computers, wired and wireless electronic devices; interactive game software."]
In re Congo, LLC, Serial No. 88952001 (August 2, 2022) [not precedential] (Opinion by Judge Christopher Larkin). [Section 2(d) refusal of CONGO for "wholesale and retail store services featuring energy drinks, protein shakes, and dietary and nutr[i]tional supplement products; wholesale distributorships featuring energy drinks, protein shakes, and dietary and nutr[i]tional supplement products; Transportation logistics services, namely, arranging the transportation of dietary and nutritional products, energy drinks, protein shakes for others, expressly excluding any transportation services in the oil industry" in view of the registered mark CONGO APPLE PEAR for "Non-alcoholic beverages containing fruit juices; fruit flavored beverages; fruit-flavored drinks; fruit based beverages; fruit based beverages enhanced with antioxidants; fruit flavored beverages enhanced with antioxidants" [APPLE PEAR disclaimed]].
In re Mark Feldberg, Serial No. 90406741 (August 2, 2022) [not
precedential] (Opinion by Judge Peter W. Cataldo) [Section 2(d)
refusal of INFLATION
DEFENDER for "Financial
services, namely, hedge fund investment services and trading funds
for others" [inflation disclaimed] in view of the registered
mark INFLATION DEFENSE for
""Platform as a service (PAAS) featuring computer
software platforms for financial services, namely, providing an
online platform for accessing, reviewing, selecting and allocating
funds to investments, exchange-traded funds, equity securities
and/or fixed-income instruments."]
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