Free research brief · TTAB appeals

Why the Board reversed 10 confusion refusals and affirmed 10 others

We compared 20 recent ex parte appeals on Section 2(d) refusals. This brief shows what separated the wins from the losses, and what you can use before you ever file a response.

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Trademark ScrivenerWhy the Board reversed 10 confusion refusals and affirmed 10 others

Inside · Research brief · PDF

  • The pattern behind the reversals: 8 of 10 turned on how the marks compare as a whole.
  • The three evidence pathways behind the wins: crowded field, commercial impression and consent.
  • Why the affirmed cases lost, so your response avoids the same gaps.
  • Every outcome checked against USPTO TSDR records.
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