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ARTICLE · 23 MARCH 2022

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

Wolf Greenfield & Sacks
Wolf Greenfield & Sacks
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A TTAB judge once said to me that you can predict the outcome of a Section 2(d) appeal 95% of the time by looking at the marks and the goods/services.

United StatesIntellectual Property
John L. Welch
John L. Welch
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A TTAB judge once said to me that you can predict the outcome of a Section 2(d) appeal 95% of the time by looking at the marks and the goods/services. This year, the Board has affirmed 44 of the first 45 Section 2(d) refusals it has considered. Here are the latest three. How do you think they came out? [Answer in first comment.]

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In re Liquid Web LLC, Serial No. 88910823 (March 14, 2022) [not precedential] (Opinion by Judge Cynthia C. Lynch). [Section 2(d) refusal of SAFE HARBOR for, inter alia, "computer security consultancy services, namely, providing updated security patches in the nature of updating computer software, nightly online scanning and detecting of malware on computers and electronic devices and presenting reports concerning the performance of online systems; maintenance of computer software relating to computer security and prevention of computer risks, namely, detecting and blocking malicious cybersecurity attacks via web application firewall."

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