Wednesday, January 25 2023   \  Published by JD Supra.

Is That Really Appealing? – 2022 Affirmance Rates of the TTAB

Is That Really Appealing? – 2022 Affirmance Rates of the TTAB

Trademark applicants encounter refusals from the United States Patent and Trademark Office (“USPTO”) based on a myriad of issues. Section 2(d) likelihood of confusion refusals and Section 2(e)(1) mere descriptiveness refusals or disclaimer requirements based on descriptiveness are often issued by the USPTO.

These refusals have applicants scratching their heads to determine whether to pursue an appeal to the Trademark Trial and Appeal Board (the “Board”). If only there was some insight into how the Board may decide a case.

The one and only TTABlogger, to whom the author and many others are indebted, reviewed and analyzed the decisions concerning Section 2(d) and Section 2(e)(1) refusals that the Board issued in 2022. The Board issued 200 decisions regarding Section 2(d) refusals and 51 decisions regarding Section 2(e)(1) refusals. The Board reversed 15 of the Section 2(d) refusals and six of the Section 2(e)(1) refusals, which provides an affirmance rate of 92.5% and 88.2% respectively. Read more

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