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ARTICLE · 25 JANUARY 2023

TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

Wolf, Greenfield & Sacks, P.C.
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Here are three recent appeals from Section 2(d) refusals. As previously mentioned, a former TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time...

United StatesIntellectual Property
John L. Welch
John L. Welch
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Here are three recent appeals from Section 2(d) refusals. As previously mentioned, a former TTAB judge once told me that one can predict the outcome of a Section 2(d) case 95% of the time just by looking at the marks and the goods/services. How do you think theses three cases came out? [Results in first comment].

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In re eduConsulting Firm, Serial No. 90196048 (January 12, 2023) [not precedential] (Opinion by Judge Michael B. Adlin) [Section 2(d) refusal of EDUCRATE for, inter alia, subscription-based order fulfillment services in the field of educational items and resources for teachers, principals, instructional coaches, and other educators, in view of the registered mark MYEDUCRATE for "subscription based order fulfillment services in the field of educational items and resources."]

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