TTABlog Running Index: October 2026 to Date

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Section 2(d) - Likelihood of Confusion:

• TTAB Enters Summary Judgment Dismissing EMPOWER Monogram Opposition: First DuPont Factor Dispositive
• TTAB Deems TALKIE Confusable with TALKIE.AI & Design for Chatbot Software, Rejecting Crowded Field Argument
• TTABlog Test: Is HIGHROAD PAVEMENT SERVICES Confusable with BUILDING THE HIGH ROAD for Road Construction Services? [Yes]
• TTAB Orders Cancellation of "THE REMNANT" Registration for Religious Services Despite Weakness of Petitioner's Identical Common Law Mark
• https://thettablog.blogspot.com/2026/10/ttab-dismiss-auri-supplements.html
• TTABlog Test: Is TRU SUPPORT COMFORT YOU CAN FEEL for Clothing Confusable with TRUSUPPORT for Bras? [Yes]
• ZEN WAFFLES Confusable with ZEN BAKERY, Says TTAB
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

Section 2(e)(1) - Mere Descriptiveness:

• TTABlog Test: Is HARD WATER Merely Descriptive of Canned Alcoholic Beverages? [Yes]
• TTABlog Test: Is this Word+Design Mark, with BLOCKOUT Disclaimed, Inherently Distinctive? [Yes]
• https://thettablog.blogspot.com/2026/10/ttab-finds-permanent-jewelry-welder.html
• TTABlog Test: Is CARSCAN Merely Descriptive of Automobile Diagnostic Services? [Yes]

Section 2(e)(1) - Deceptive Misdescriptiveness:

• TTAB Finds "JASPE" Deceptively Misdescriptive of Clothing

Section 2(e)(4) - Primarily Merely a Surname:

• TTAB Finds "THE JONES" for a Host of Services to be Primarily Merely a Surname

Failure-to-Function:

• TTAB Affirms Two Failure-to-Function Refusals: Marks Not Perceived as Source Indicators on Specimens of Use

Nonuse:

• TTAB Grants Petition to Cancel STORYTELLER OVERLAND (Clothing) Registrations for Nonuse, Rejects Laches Defense

Discovery/Evidence/Procedure:

• TTAB Refuses to Vacate Prior Decision Despite Stipulated Dismissal of Section 1071(b) Civil Action for Review
• TTAB Remands RAPUNZEL Application to the Examining Attorney for Re-Consideration of the Registrability of RAPUNZEL for Dolls

CAFC Decisions:

Supreme Court Decisions:

Recommended Reading:

• Recommended Reading: The Trademark Reporter, September - October 2026 Issue

Other:

• TTABlog Quarterly Index: July - September 2026

Text Copyright John L. Welch 2026.