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ARTICLE · 27 OCTOBER 2020

TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out? - Monday, October 26, 2020

Wolf Greenfield & Sacks
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A TTAB judge once said to 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 or services.

United StatesIntellectual Property
John L. Welch
John L. Welch
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A TTAB judge once said to 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 or services. Here are three recent decisions in appeals from Section 2(d) refusals. No hints this time. How do you think these came out? [Answers in first comment].

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In re Carolyn Anderson Beautiful, LLC., Serial No. 87851445 (October 21, 2020) [not precedential] (Opinion by Judge Marc A. Bergsman). [Section 2(d) refusal to register BEAUTIFUL (Stylized) for "Hair care products, namely, shampoos; hair conditioners; hair sprays; styling gels; hair fiber protectants in the form of lotions and creams; styling foams for hair; root lifters in the nature of hair creams, foams, gels, and spray liquids; volumizers in the nature of hair creams, foams, gels, and sprays; hair lotions, gels, pomades, and waxes in the nature of hair taffies; and hair waxes," in view of the registered mark BEAUTIFUL for "perfume, cologne, body

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