The USPTO refused to register the mark SMALL WINS for "sweets and candies, namely, gummies and soft candies," finding confusion likely with the registered mark BIG WIN for "candy.
The Board's shutout streak in Section 2(d) appeals is up to 33 affirmances and no reversals. Here are the latest three decisions. Has the streak been broken? How do you think they turned out?.
Relying on Applicant's own advertising touting the design of its knife blade and its ease of manufacture (yielding lower cost), the Board affirmed Examining Attorney Caroline L. Moran's Section 2(e)(5) functionality.