So far this year, the Board has affirmed 158 of the 170 Section 2(d) refusals on appeal (just about 93%). Here are three decisions that came down recently. How do you think they came out? [Results in first comment].
In re Robert Green Hospitality, LLC, Serial No. 90065535 (November 10, 2022) [not precedential] (Opinion by Judge Thomas W. Wellington) [Section 2(d) refusal of the mark LYDIA for “Hotel services, namely, high end boutique resort hotel services” in view of the registered mark LIDIA'S KANSAS CITY for restaurant services (KANSAS CITY disclaimed)].
In re Uri Charles, Serial No. 90235507 (November 10, 2022) [not precedential] (Opinion by Judge Martha B. Allard). [Section 2(d) refusal of FLVSH for “Downloadable mobile application software for use in text messaging, in-app messaging, location-based messaging, chatting, sharing and transmitting of photos, images, pictures, videos, audio content, multimedia content, electronic files, information and data, and storing contacts,” in view of the registered mark FLASH for “Computer software, software applications and mobile applications for picture sharing”].
In re Blake Farms Hard Apple Cider, Serial No. 90567569 (November 16, 2022) [not precedential] (Opinion by Judge Mark Lebow) [Section 2(d) refusal of BLAKE'S BACK 40 for beer, in view of the registered mark BACK 40, also for beer].
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