Here are two Section 2(d) appeals decided two days ago. One of the refusals was reversed. Applying your jurisprudential skills and/or well-honed instincts, how do you think these came out? [Answer in first comment].
In re Mendicino Farms, LLC, Serial No. 86731456 (August 1, 2017) [not precedential] (Opinion by Judge Karen Kuhlke). [Section 2(d) refusal to register EAT HAPPY for restaurant and catering services, in view of the mark shown below, for restaurant services].
In re TOELL Co., Ltd., Serial No. 86888544 (August 1, 2017) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of the mark PURE HAWAIIAN WATER & Design (below left) for "drinking water [PURE HAWAIIAN WATER disclaimed], in view of the registered mark HAWAII WATER & Design (below right) for purified drinking water" [HAWAII WATER disclaimed]].