The Board has affirmed 67 of the first 70 Section 2(d) refusals it has considered on appeal this year. Here are the latest three appeals for your consideration. [Results in first comment].
In re Avenida Partners Development Group, LLC, Serial Nos. 88833914 and 88833933 (April 1, 2022) [not precedential] (Opinion by Judge Michael B. Adlin). [Section 2(d) refusals of 5 TO THRIVE and FIVE TO THRIVE for a "continuing care enrichment wellness program that offers a host of invigorating and stimulating activities that support five key areas of healthy aging," in view of the registered mark FIVE TO THRIVE for "for "providing information in the field of healthcare and wellness via the Internet."]
In re Avenida Partners Development Group, LLC, Serial Nos 88834060 and 88833991 (April 11, 2022) [not precedential] (Opinion by Judge Melanye K. Johnson) [Section 2(d) refusals of AVENIDA PARTNERS, in standard character and design form, for "Real estate development services including the field of active, independent senior living communities," in view of the registered mark AVENUE PARTNERS for "Real estate development; Real estate development and construction of commercial, residential and hotel property; Real estate site selection."]
In re Malaga Imports, LLC, Serial No. 90041414 (April 12, 2022) [not precedential] (Opinion by Judge Christopher Larkin). [Section 2(d) refusal of PROBASE NUTRITION for "Collagen peptides for use as a nutritional supplement" [NUTRITION disclaimed], in view of the registered mark BASE NUTRITION for numerous goods in International Class 5, including "Dietary and nutritional supplements" [NUTRITION disclaimed].
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