I once heard a TTAB judge say that the outcome of most Section 2(d) likelihood of confusion cases can be predicted just by looking at the marks and the identified goods/services, without more. Well, try your luck on these three appeals. Which one resulted in a reversal? [Answer in first comment.]

TTABlog seal

In re 10 Barrel Brewing LLC, Serial No. 86190248 (May 31, 2016) [not precedential]. [Refusal to registerSWILL for beer in view of the registered mark SWELL SWILL for wines].


In re FreeStyle Fitness Academy, LLC, Serial No. 86490859 (May 31, 2016) [not precedential]. [Refusal to register FreeStyle Fitness Academy, in standard character form, for the service of training fitness instructors, in view of the registered mark shown below for conducting fitness training and training dance instructors].

Frestyle Fitness

In re Mudskipper Media LLC, Serial No. 86570258 (February 9, 2016) [not precedential]. [Refusal to register the mark shown below left, for “café services; catering services; restaurant services; restaurants” [AMERICAN CAFE disclaimed], in view of the registered mark shown below right, for “restaurant services” [HEROES, PIZZA, and SUBS disclaimed, and the registered mark HEROES PUB for “restaurant and bar services” [PUB DISCLAIMED].