So far this year, the TTAB has affirmed 162 of the 174 Section 2(d) refusals on appeal (about 93%). Here are three decisions that came down recently. How do you think they came out? [Results in first comment].
In re Biztug LLC, Serial No. 90166759 (November 23, 2022) [not precedential] (Opinion by Judge Michael B. Adlin) [Section 2(d) refusal of the mark BIZTUG for, inter alia, marketing services, in view of the registered mark TUGG (in standard form) for overlapping marketing services.]
In re Anton Anisimov, Serial No. 88149531 (November 29, 2022) [not precedential] (Opinion by Judge Karen Kuhlke) [Section 2(d) refusal of the mark INVOODOO for "Computer software consulting, not including game software; Software design and development, not including gaming software" in view of the registered mark VOODOO for "Designing and developing downloadable electronic game software"].
In re Bowery Farming Inc., Serial No. 88873491 (November 29, 2022) [not precedential] (Opinion by Judge David K. Heasley). [Section 2(d) refusal of THE MODERN FARMING COMPANY for "[f]resh produce, namely, fresh vegetables, fruits, and unprocessed grains" (FARMING and COMPANY disclaimed), in view of the registered mark MODERN FARMS for processed mushrooms, and for fresh, raw, and unprocessed mushrooms (FARMS disclaimed].
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