Michaelb Adlin News Today

The rate of affirmance for Section 2(d) refusals is running at 85% or so this year. That's about 5% lower than usual. Here are three recent TTAB…

So far this year, the Board has affirmed 155 of the 167 Section 2(d) refusals on appeal (just about 93%)

So far this year, the Board has affirmed 135 of the 144 Section 2(d) refusals on appeal (just about 94%). Here are three decisions that came down late last week. How do you think they came out? [Results in first comment].

We haven't had a failure-to-function case in a while. Here, the Board affirmed a refusal to register the proposed mark BUILT BY GOD for various clothing items, finding that the phrase fails to function...

I don't like to accuse any party of being a bully. I understand the trademark owner's duty to police its marks. But this case has tested my resolve.

The Board dismissed a petition for cancellation of a registration for the mark NUTRIVITA, in standard character form, for "dietary and nutritional supplements," on the alleged grounds of nonuse and abandonment.

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS, in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed]...

Yesterday's SWEET GEORGIA BROWN case brought the TTAB's shutout streak for 2022 to 37 affirmances of Section 2(d) refusals without a reversal.

As of one week ago, the Board had considered 29 appeals from Section 2(d) refusals this year and affirmed every one of them.

In January 2022, the Board decided twenty-two (22) appeals from Section 2(d) refusals. It affirmed them all.