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 comment.]
In re Hungry Pet Nutrition LLC, Application Serial No. 88625423 (March 11, 2021) [not precedential] (Opinion by Judge Cynthia C. Lynch).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 disclaimed]].
In re Plant Therapy, LLC, Serial No. 88722907 (March 12, 2021) [not precedential] (Opinion by Judge Michael B. Adlin).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In re Boulevard West, Inc., Serial No. 87692255 (March 16, 2021) [not precedential] (Opinion by Judge Cheryl S. Goodman).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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