So far this year, the Board has affirmed more than 90% of the Section 2(d) refusals it has reviewed on appeal. Here are three recent ones. No hints this time. How do you think they came out?
The Board reversed a refusal to register the mark AGE IQ for various medicated skin care products, finding Applicant's specimens of use to be acceptable.
The USPTO refused to register the mark ELLA FRESH in the design form shown below, for "fresh fruits and vegetables" [FRESH disclaimed], finding confusion likely with the registered mark ELLA ROSE FARM.
Under Section 6(a) of the Trademark Act, "[t]he Director may require the applicant to disclaim an unregistrable component of a mark otherwise registrable."