People are saying that one can predict the outcome of a Section 2(d) case about 95 percent of the time just by looking at the marks and the goods/services. In one of these three recent appeals the Board reversed a likelihood of confusion refusal. Let’s see how you do in figuring out which one it was. [Answer will be found in first comment].

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In re Folino Estate, LLC, Serial No. 86356824 (August 19, 2016) [not precedential]. [Refusal of the mark FOLINO ESTATE & Design (below left) for wine, bar and restaurant services, and catering services, in view of the registered mark FOLIN CELLARS & Design (below right) for wine].


In re Tax Refund Services, Inc., Serial No. 86670858 (August 18, 2016) [not precedential]. [Refusal to register the mark shown below left for “tax filing services,” in view of the registered mark TRS in standard character and design form (below right) for tax advisory services.


In re Mannatech, Inc., Serial No. 86447383 (August 17, 2016) [not precedential]. Refusal of the mark NUTRIVERUS & Design(below left) for “dietary and nutritional supplements sold through a multi-level marketing program,” in view of the registered mark NU VERUS & Design (below right) for “liquid nutritional supplement; nutritional supplements; vitamin and mineral supplements].