TTABlog Running Index: July 2026 to Date

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Section 2(a) - False Suggestion of a Connection:

Section 2(b) - Flag/Coat of Arms/Insignia:

Section 2(c) - Consent to Register:

Section 2(d) - Likelihood of Confusion:

• TTABlog Test: Is THE SKIN MIXOLOGY for Skin Care Preparations Confusable with MIXOLOGY for Custom-Blended Body Products? [Yes]
• TTAB Sustains Nike's Section 2(d) Opposition to GOT EM KICKS for Consignment Stores for Retro Sneakers and Clothing
• KUL STOOL for Portable Coolers Confusable with KÜHL for Water Bottles, Says TTAB
• TTABlog Test: Is BRECKIN ANKLES Confusable with BREKENS B & Design for Overlapping Clothing Items? [No]
• TTAB Finds SAAS Services Related to Consulting Services, Rejecting Thor Tech Third-Party Paired Registration Argument
• Law Firm Fails to Win Big in its Opposition to "844-I-WIN-BIG" for Legal Services, TTAB Tosses Out Non-Use and Section 2(d) Claims
• On Remand, TTAB Dismisses ASPIRE BANK Opposition After Re-Assessing First and Sixth DuPont Factors
• TTABlog Test: Are LA & Design and LAV (Stylized) Confusable for Drinking Glasses? [No]
• FLASHIN' ASSASSIN Confusable with ASSASSIN for Fishing Lures, Says TTAB
• TTABlog Test: Is BLANCO (Stylized) Confusable with BLANCO LABEL for Clothing? [Yes]
• TTABlog Test: How did These Three Recent Section 2(d) Appeals turn out?
• Rejecting Extrinsic Evidence, TTAB Finds FUNTASYA Confusable with FUNTASIA ADULT SHOP for Clothing and Retail Store Services
• TTABlog Test: How did These Three Recent Section 2(d) Appeals turn out?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?

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

• TTAB Sustains Mere Descriptiveness Opposition to REALITY ENGINE for Computer Software Design But Dismisses Lack of Bona Fide Intent Claim
• TTABlog Test: Is MUSEUM OF NAMES Merely Descriptive of Entertainment and Educational Services in the Field of Names? [No]
• TABlog Test: Is NATURAL BRIDGE CAVERNS Merely Descriptive of Theme Park-Related Services? [Yes]
• Rejecting Incongruity Claim, TTAB Finds EGGBAR to be Merely Descriptive of Restaurant Services

Section 2(e)(2) - Primarily Merely Geographically Descriptive:

• SERVICE WEST is Primarily Geographically Descriptive of Furniture Repair, Maintenance, and Transportation Services, Says TTAB

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

Section 2(e)(5) - Functionality:

• TTAB Upholds Section 2(e)(5) Functionality Refusal of Office Chair Wheel Configuration

Abandonment/Nonuse/Specimen of Use:

• TTAB Reverses Specimen Refusal, Finding Webpage Sufficient for Pet Food Products

Non-distinctiveness:

• Precedential No. 5: Blue-and-White Stripes Trade Dress Lacks Inherent and Acquired Distinctiveness, Says TTAB

Dilution by Tarnishment:

• Ninth Circuit Vacates BAD SPANIELS Injunction Based on Dilution by Tarnishment, Orders Judgment for VIP

Genericness:

• TTAB Finds BALLETCOLLECTIVE to be Generic for . . . . . Guess What?

Lack of Bona Fide Intent:

• TTAB Sustains Mere Descriptiveness Opposition to REALITY ENGINE for Computer Software Design But Dismisses Lack of Bona Fide Intent Claim

Reexamination:

• TTAB Affirms Reexamination Decision Cancelling DISCUSS.IO Registration: Mere Offering of Services is not Use of the Mark

Discovery/Evidence/Procedure:

CAFC Decisions:

Supreme Court Decisions:

Recommended Reading:

• Recommended Reading: The Trademark Reporter, May-June 2026 Issue

Other:

• TTAB Posts July 2026 Hearing Schedule

Text Copyright John L. Welch 2026.

TTABlog Quarterly Index: April - June 2026

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com.

Section 2(a) - False Suggestion of a Connection:

• Precedential No. 4: TTAB Affirms Refusal of WEMBY for Athletic Apparel - False Connection with and Lack of Consent from the real Wemby

Section 2(b) - Flag/Coat of Arms/Insignia:

• TTAB Upholds Section 2(b) Refusal: PROSCIUTTO DI CARPEGNA Mark Includes Italian Flag or Simulation Thereof

Section 2(c) - Consent to Register:

• Precedential No. 4: TTAB Affirms Refusal of WEMBY for Athletic Apparel - False Connection with and Lack of Consent from the real Wemby

Section 2(d) - Likelihood of Confusion:

• Precedential No. 3: Ownership of Lapsed Registration No Justification for New Application for Same Mark and Goods/Services
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• Despite Weakness of "GLORIA" as a Formative, TTAB Upholds 2(d) Refusal of GLORIA & Design for Italian Restaurant Services
• TTAB Reverses 2(d) Refusal of GHOST AGENCY & Design for Advertising Services due in part to a Crowded Field of "GHOST" Marks
• TTABlog Test: Is LIVIA JOLIE for Clothing Confusable with LIVIA & Design for Beachwear? [Yes]
• TTABlog Test: Is CELEBRITY PITCH TANK Confusable with SHARK TANK for Business-Themed Entertainment Services? [Yes]
• TTAB Affirms Bifusal of THE OHIO IPA for Beer: Geographically Descriptive and Confusable with OHIO PALE ALE for Beer
• TTABlog Test: Is THRESHER WORM for Fishing Lures Confusable with THRASHER RODS for Fishing Rods? [Yes]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Is PRO-GO for Bendable Lotion Containers Confusable with HANDY PRO-GO for Plastic Pails? [No]
• No Evidence of Priority, So TTAB Dismisses NEAU Coffee Opposition
• TTAB Test: Are these two "NWA" Marks Confusable for Clothing? [No]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Is GRUPPO VAVA for Clothing Excluding Lingerie Confusable with VAVA for Lingerie? [Yes]
• TTABlog Test: Is HORSETHIEF CANYON VINEYARDS for Wine Confusable with HORSE THIEF HOLLOW for Beer? [Yes]
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?
• Are These Two Logo Marks Confusable for Candy? [No]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Are T-Shirts Related to Entertainment Services Under Section 2(d)? [Yes]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

• TTABlog Test: Is "READY, FETCH, GO!" for Dog Toys Confusable with "READY SET FETCH" for Balls and Flying Discs?
• TTABlog Test: Are Perfume and Clothing Related Under Section 2(d)? [Yes]
• TTABlog Test: Which of These Three Recent Section 2(d) Oppositions Was/Were Dismissed?
• TTABlog Test: Is PLAYER EXCLUSIVE for Distilled Spirits Confusable with PLAYERS VODKA for Vodka? [Yes]
• TTABlog Test: Is Costume Jewelry Related to Clothing Under Section 2(d)? [Yes]
• TTABlog Test: Are Dental Implants Related to Syringes Under Section 2(d)? [No]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• Affirming Section 2(d) Refusal, TTAB Rejects Consent Agreement and Finds Strategic Partners Inapplicable
• TTAB Reverses Section 2(d) Refusal of DAILY HARVEST CAFE Logo for Cafe Services: USPTO Fails to Prove Relatedness to Food Items and On-Line Services

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

• TTABlog Test: How Did These Three Mere Descriptiveness Appeals Turn Out?
• TTAB Affirms Requirement to Disclaim DATA STREAMS for Database Management and Storage Services
• TABlog Test: Is SEAFISH Merely Descriptive of Seafood? [Yes]

Section 2(e)(2) - Primarily Merely Geographically Descriptive:

• TTAB Affirms Bifusal of THE OHIO IPA for Beer: Geographically Descriptive and Confusable with OHIO PALE ALE for Beer

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

• TTAB Upholds Surname Refusal of GOLIA for Candy

Section 23(c) - Functionality:

• Precedential No. 1: TTAB Finds 8-Slice Pancake Configuration Mark De Jure Functional

Abandonment/Nonuse/Specimen of Use:

• TTAB Reverses Specimen Refusal: User Manual and Calibration Kit Suffice for Agricultural Machinery
• TTAB Affirms Reexamination Decision Ordering Cancellation of BAIA Registration for Non-use, Rejects Residual Goodwill Argument
• TTAB Grants Two Cancellation Petitions Based on Registrant's Deemed Admissions of Non-use
• TAB Upholds Refusal of LACONIA MOTORCYCLE WEEK for Clothing and Patches - Merely Ornamental and not a Source Indicator
• Precedential No. 2: TTAB Upholds USPTO Reexamination Ruling: EVERWISE CREDIT UNION Registration to be Cancelled for Nonuse
• TTAB Affirms Refusal of THEE EARTH logo due to "Mismatch" Between the Identified Goods and Specimens of Use
• Trade Name Use is not Trademark Use, Says TTAB

Non-distinctiveness:

• TTAB Affirms Refusals to Register Restaurant Interior Designs: Distinctiveness Neither Inherent Nor Acquired

Genericness:

• TTABlog Test: Is FOODANALYZER Generic for Food Sensitivity Testing Services? [No]
• TTAB Affirms Genericness Refusal of THE SKIN COACH for . . . . Guess What?
• TTAB Upholds Genericness Refusal of SOCIAL SECURITY LAW GROUP for . . . . Guess What?

Lack of Bona Fide Intent:

• TTAB Sustains Nike's Opposition to BLUE RIBBON TEAM for Sports Stores Due to Lack of Bona Fide Intent

Reexamination:

• TTAB Affirms Reexamination Decision Ordering Cancellation of BAIA Registration for Non-use, Rejects Residual Goodwill Argument
• Precedential No. 2: TTAB Upholds USPTO Reexamination Ruling: EVERWISE CREDIT UNION Registration to be Cancelled for Nonuse

Discovery/Evidence/Procedure:

• TTAB Denies Petition for Cancellation of Giraffe Logo Registration: No Standing After Board Rejects Petitioner's Purported Testimony
• TTAB Denies REVO Cancellation Petition for Failure to Prove Standing
• TTAB Denies Petition to Disqualify Attorney Who Submitted Testimony Declaration
• Supreme Court Denies Petition for Certiorari in RAPUNZEL Consumer Standing Case

CAFC Decisions:

• CAFC Affirms TTAB: Stick Figure for Vapes Not Confusable with "X" for Cigars

Supreme Court Decisions:

• Supreme Court Denies Petition for Certiorari in RAPUNZEL Consumer Standing Case

Recommended Reading:

• Recommended Reading: Prof. Lisa P. Ramsey: Trademarks and Free Speech - Conflicts and Resolutions
• The Trademark Reporter's "Annual Review of European Trademark Law"

Other:

• Second Circuit Vacates Peju Summary Judgment: Lower Court Misapplied Issue Preclusion and Misread B&B Hardware
• 24th at Noon
• TTAB Judge Elizabeth A. Dunn Has Retired
• TTAB Posts May 2026 Hearing Schedule
• TTAB Posts April 2026 Hearing Schedule

Text Copyright John L. Welch 2026.

TTABlog Quarterly Index: January - March 2026

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com.

Section 2(d) - Likelihood of Confusion:

• TTAB Overturns 2(d) Refusal of HOUSE OF PRIM Due to Prior Settlement Agreement Between Applicant and Cited Registrant
• TTAB Reverses CASA BLANCA Refusal: UPSTO Fails to Prove Relatedness of Tequila and Wine
• TTABlog Test: Is DUNDER MIFFLIN Confusable with MIFFLIN for Paper Products? [No]
• TTAB Reverses 2(d) Refusal of GOOD TIMES for Bourbon over Five "GOOD TIME(S)" Registrations for Alcoholic Beverages
• TTABlog Test: Are Cat Food and Cat Food Supplements Related to Cat Litter Under Section 2(d)? [Yes]
• Unsurprisingly, TTAB Deems JAPANESE COWBOY Confusable with TOKYO COWBOY for Restaurant and Bar Services
• TTABlog Test: Are Perfumes Related to Cosmetics for Make-Up Artist Work, Under Section 2(d)? [Yes]
• TTAB Reverses 2(d) Refusal of DURAJECT for Ophthalmic Instruments Over DURO-JECT for Bone Cement Injector
• TTABlog Test: Which of These Three Section 2(d) Appeals Was/Were Reversed?
• COGNAC LIFE for Magazine Publishing Confusable with Famous COGNAC Regional Certification Mark, Says TTAB
• TTAB Affirms Three Section 2(d) Refusals of IDEAL-formative Marks for Real Estate Investment Services
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Are Coffee and Alcoholic Beverages Related Under Section 2(d)? [Yes]
• LOTE MAESTRO for Alcoholic Beverages Confusable with MAESTRO for Tequila, Says TTAB
• TTABlog Test: Is MICHAEL THE BULL Confusable with THE BULL ATTORNEYS! for Legal Services?
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Are Industrial Heat Exchangers Related to Vacuum Cleaners Under Section 2(d)?
• TTABlog Test: Is FLAT EARTH SURF CLUB Confusable with TERRA PLANA for Clothing? [No]

• TTABlog Test: Are Safari Expedition Services Related to Restaurant Services Under Section 2(d)? [No]
• BARBEE for Social Networking App Not Confusable with, nor Dilutive of, Famous BARBIE mark for Dolls, Says TTAB
• "SOUL BNB" Not Confusable With "AIRBNB," Says TTAB, Noting Weakness of "BNB"
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• GOLD PALM Confusable with SILVER PALM for Wine, Says TTAB
• Crowded Field Argument Fails, TTAB Deems MARIO'S for Clothing Confusable with MARIO'S 3.10 for Retail Apparel Stores
• TTABlog Test: Are Legal Services Related to Brand Consultation Services Under Section 2(d)?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?
• TTABlog Test: Is YOGUT for Freeze-Dried Yogurt-Based Snacks Confusable with YOURGUT for Yogurt? [Yes]
• EASY BEE-ZY KNOCK OUT Not Confusable with OSO EASY and OSO EASY PEASY for Live Plants, Says TTAB
• TTABlog Test: Is BLACK SWAN for Vodka Confusable with BLACK SWAN for Wine?[Yes]
• In 2025, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register?

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

• TTAB Requires Disclaimer of "MADE BY DENTISTS" in Five Word-and-Design Marks for Toothbrushes and the Like
• TTABlog Test: Is VEGGIES IN EVERY BITE Merely Descriptive of Pasta?[Yes]
• CHATGPT Not Inherently Distinctive, but USPTO Accepted Claim of Acquired Distinctiveness
• GLOBAL HCM Merely Descriptive of Human Resource Management Software, Says TTAB
• TTABlog Test: Is HELANDE (Swedish) Merely Descriptive of Skin Care Preparations? [Yes]
• TTABlog Test: Is FIRST RESPONDER Merely Descriptive of Customized Motor Vehicles? [Yes]
• TTAB Finds TURNKEY STORAGE Merely Descriptive of Self-Storage Facilities, Noting that "Trademarking" is not a Verb
• In 2025, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness/Disclaimer Refusals?

Section 2(e)(2) - Geographical Descriptiveness:

• TTABlog Test: Is "ALASKA" Primarily Geographically Descriptive of Camouflage Nets? [No]

Abandonment/Nonuse/Specimen of Use:

• TTAB Grants Petition to Cancel Registration of BMF For Media Production Services Due to Nonuse as of SOU Filing Date
• TAB Affirms USPTO Rejection of I LOVE YOU THIS MUCH Specimens for Book Publishing Services
• TTAB Denies KINETIC SPORTS Cancellation Petition for Failure to Prove Abandonment and Fraud

Failure-to-Function:

• "NO LAW DEGREE REQUIRED" Fails to Function as a Source Indicator for Business Consulting and Legal Information Services

Fraud:

• TTAB Denies KINETIC SPORTS Cancellation Petition for Failure to Prove Abandonment and Fraud

Genericness:

• TTAB Finds UX ACADEMY Generic for . . . . Guess What?
• TTAB Finds TARGETED DELIVERY Generic for . . . Guess What?
• TTAB Affirms Genericness Refusal of FREE PHOTOS for . . . Guess What?

Lack of Bona Fide Intent:

• Finding the Issue of Lack of Bona Fide Intent Tried by Implied Consent, TTAB Sustains Opposition to FIREBURN 1878 for Alcoholic Beverages

Discovery/Evidence/Procedure:

• TTAB Tosses Out Cancellation Petition: Untimely Section 2(d) Claim Masquerading as a Section 14(3) Claim

CAFC Decisions:

• CAFC Affirms TTAB: SAZERAC STITCHES Confusable With SAZERAC for Houseware Store Services
• CAFC Affirms TTAB's HERE COMES THE JUDGE Section 2(d) Decision

Recommended Reading:

• Ted Davis, "Inter Partes Litigation and Ex Parte Appeals Before the Trademark Trial and Appeal Board: A Primer"
• Davis and Welch: The Trademark Reporter's 2026 "Annual Review" of U.S. Trademark Cases

Other:

• Prof. Curtin Files Reply to Opposition to Petition for Certiorari in RAPUNZEL Consumer Standing Case
• United TM Holdings Files Opposition to Petition for Certiorari in RAPUNZEL Consumer Standing Case
• TTAB Posts March 2026 Hearing Schedule
• TTAB Posts February 2026 Hearing Schedule
• Experienced Trademark Paralegal Seeks Position with East Coast Firm or Corporation
• The Top Ten TTAB Decisions of 2025 (Part Two)
• The Top Ten TTAB Decisions of 2025 (Part One)
• In 2025, How Often Did the TTAB Affirm Section 2(e)(1) Mere Descriptiveness/Disclaimer Refusals?
• In 2025, What Was The Rate of TTAB Affirmance of Section 2(d) Refusals to Register?
• The TTAB Issued 12 Precedential Opinions in 2025
• TTAB Posts January 2026 Hearing Schedule

Text Copyright John L. Welch 2026.

2025 Precedential Opinions

Over the past four years, the Board has issued between 30 and 38 precedential rulings per year. In 2025, the Board issued 12. One might ask, why the drop-off?

Section 2(d) - Likelihood of Confusion:

• Precedential No. 12: DANKE Not Confusable with MERCI for Chocolates Despite Identical Meaning
• Precedential No. 11: TTAB Awards Section 44(d) Priority to Domiciliary of British Virgin Islands Based on Reciprocity, Grants Summary Judgment Motion Contingent on Ultimate Registration
• Precedential No. 9: Affirming GASPARILLA Section 2(d) Refusal, TTAB Rejects Flimsy Consent Agreement
• Precedential No. 10: TTAB Explains How to Submit Video Evidence, Reverses 2(d) Refusal of GASPER ROOFING Over JASPER CONTRACTORS
• Precedential No. 7: Opposer Fails to Prove Distinctiveness of its Common Law Mark, Loses 2d Opposition on Priority

Lack of Bona Fide Intent:

• Precedential No. 8: TTAB Shuts Down "THE HOTEL EL ROBLAR" Application Due to Lack of Bona Fide Intent
• Precedential No. 4: TTAB Sustains Opposition to CUADRA for Alcoholic Beverage Due to Lack of Bona Fide Intent

Entitlement to a Statutory Cause of Action:

• Precedential No. 2: TTAB Sustains Section 14(3) Opposition to LA MONTSERRATINA for Meat Products Based on Reputation in USA Without Use

Discovery/Evidence/Procedure:

• Precedential No. 6: TTAB Refuses to Add Affirmative Defense of Abandonment but Allows Addition as Counterclaims
• Precedential No. 3: Dismissal with Prejudice but Without Judgment Suffices for Claim Preclusion Defense

Prosecution Issues:

• Precedential No. 5: TTAB Will Not Accept Incorporation-By-Reference of An Appellant's Prosecution Arguments
• Precedential No. 1: TTAB Upholds USPTO Objections to Over-Inclusive Drawings for Watch Configuration Marks

Text Copyright John L. Welch 2025.

TTABlog Quarterly Index: October - December 2025

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com.

Section 2(d) - Likelihood of Confusion:

• TTABlog Test: Is NYCU Confusable with NYU for Educational Services? [Yes]
• TTABlog Test: Is BLACKTHORN for Construction Management SAAS Confusable with BLACKTHORNE for Computer-Based Information Systems Consulting? [Yes]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• On Remand, TTAB Again Denies Petition to Cancel BABIE'S MAGIC TEA Registration: Confusion Unlikely with BABY MAGIC for Skincare Products
• TTABlog Test: Is WISHBONES for a Casino Bar Confusable with WISHBONE FARMS for Restaurant Services? [Yes]
• TTAB Denies SMARTLING/EASYLING Cancellation Petition for Translation Software Due to Differences in Marks, Purchaser Sophistication, and Lack of Actual Confusion

• TTABlog Test: Is LA PACHANGA MARGARITAS Y FIESTA Confusable with PACHANGA MEXICAN GRILL for Restaurant Services? [Yes]
• TTAB Reverses Two Section 2(d) Refusals: Cited Third-Party Websites Failed to Show Relatedness of Charitable Food Distribution and Fundraising Services
• Precedential No. 11: TTAB Awards Section 44(d) Priority to Domiciliary of British Virgin Islands Based on Reciprocity, Grants Summary Judgment Motion Contingent on Ultimate Registration
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTAB Grants Petition to Cancel RAFT Registration for Computer Game Software Based on Prior Trademark Use and Analogous Use
• TTABlog Test: Two Section 2(d) Refusals of THE JILLY BOX: How Did the Appeal Turn Out?
• Precedential No. 12: DANKE Not Confusable with MERCI for Chocolates, Despite Identical Meanings
• Again Finding Wine Related to Whiskey, TTAB Upholds Refusal of ALTAMURA DISTILLERIES & Design Over ALTAMURA
• TTABlog Test: Is TRIFOX for Bicycle Forks Confusable With FOX for Bicycle Shock Absorbers? [Yes]
• TTABlog Test: Is DUO for Personal Mobility Devices Confusable with DUOPOWER for Land Vehicles? [Yes]
• Precedential No. 10: TTAB Explains How to Submit Video Evidence, Reverses 2(d) Refusal of GASPER ROOFING Over JASPER CONTRACTORS

• Which of These Three Section 2(d) Refusals Was/Were Reversed?
• TTABlog Test: Are T-Shirts and Hats Related to Toy Action Figures Under Section 2(d)? [Yes]
• TTABlog Test: Is TROOMY for Supplements Confusable with TROOP for Mushroom-Containing Supplements? [No]
• Two Recent Section 2(d) Oppositions Sustained by the TTAB
• TTAB Dismisses Section 2(d) Opposition to HABANA BRISA: not Confusable with HAVANA TAN! for Sun Care Preparations
• TTAB Reverses VERSAMAX Section 2(d) Refusal: Applicant's Specific Tractors not Related to Trailers, Purchasers Careful
• On Remand, TTAB Reverses Course, Sustains Section 2(d) Opposition to ECHO D'ANGELUS for Alcoholic Beverages and Wine
• Precedential No. 9: Affirming GASPARILLA Section 2(d) Refusal, TTAB Rejects Flimsy Consent Agreement
• TTABlog Test: Is "1849 BOURBON" for Distilled Spirits Confusable With "1849" for Wine? [Yes]
• TTABlog Test: Which One of These Four Section 2(d) Appeals Was Successful?
• TTABlog Test: Is KARMA KRACKERS for Crackers Confusable with KARMA for Nuts? [Yes]
• Weakness of "BNB" Brings Cancellation Denial: "COMPLETE BNB" Not Confusable with "AIRBNB"

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

• TTABlog Test: How Did These Three Mere Descriptiveness Appeals Turn Out?
• TTABlog Test: Is "MUSIC.AI" Merely Descriptive of Music Production Software? [Yes]
• TTABlog Test: Is HOLY HABITS Merely Descriptive of Spiritual Growth Management Software? [Yes]
• TTAB Finds PALAPA to be Merely Descriptive of Event Venue Services
• TTAB Orders Cancellation of STORIES OF THE PROPHETS Registration, Finding it Merely Descriptive of Religious Books
• SHIPPERCOPILOT Merely Descriptive of AI Software Services for Facilitating Shipping, Says TTAB
• TTABlog Test: Is "TAC-O" Merely Descriptive of Food Seasonings and Cooking-Related Services?

Section 2(e)(2) - Primarily Geographically Descriptive:

• TTABlog Test: Is RODEO TEXAS Primarily Geographically Descriptive of Sports Event Parties and Non-rodeo Clothing? [Yes]
• TTAB Grants Petition to Cancel ZIGONG LANTERN GROUP Registration due to Geographical Descriptiveness

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

• BOWENS for Guitars is Primarily Merely a Surname, Says TTAB

Section 2(f) - Acquired Distinctiveness:

• TTAB Deems Bottle Trade Dress a Mere Refinement of Existing Designs and so Not Inherently Distinctive

Abandonment:

• TTAB Denies Petition for Cancellation of FAT KATZ Registration for Failure to Prove Abandonment

Genericness:

• VETEMENTS AG Files Reply to USPTO's Certiorari Opposition: TTABlog Asks, What About the Perception of 99 Percent of American Purchasers as to Genericness?
• PT Medisafe Files Certiorari Petition Seeking to Overturn CAFC Green Medical Glove Genericness Ruling

Nonownership:

• TTAB Denies Cancellation of "WHY PAY A LOT FOR STORAGE?" Registration, Rejecting Non-Ownership Claim

Nonuse:

• TTAB Orders Cancellation of EDGE GAMES Registration Due to Nonuse, Rejecting Founder's Testimony

Request for Information:

• TTAB Affirms Refusal of PARKAI Application for Failed Response to Rule 2.61(b) Request for Information

Statutory Standing:

• Organization for Transformative Works Files Amicus Brief Supporting Grant of Certiorari in RAPUNZEL Standing Case
• Professor Curtin Files Petition for Certiorari in RAPUNZEL Consumer Standing Case
• TTAB Denies Petition to Cancel Registration of President XI Likeness Due to Lack of Statutory Standing
• Opposer Fails to Submit Evidence: TTAB Dismisses for Failure to Prove Statutory Standing

Discovery/Evidence/Procedure:

• TTAB Upholds Three Refusals Because Applicant Provided its Counsel's Address, not its Domicile Address
• Anonymous Comment on Letters of Protest
• Precedential No. 10: TTAB Explains How to Submit Video Evidence, Reverses 2(d) Refusal of GASPER ROOFING Over JASPER CONTRACTORS

CAFC Decisions:

• CAFC Upholds TTAB: BASIN BEVERAGE CO. Confusable With TAHOE BASIN, GREAT BASIN COFFEE, and NEW BASIN DISTILLING COMPANY
• CAFC Upholds TTAB's Grant of Counterclaim for Cancellation: Applicant Proved Priority Through Assignment of Common Law Mark After Proceeding Commenced
• CAFC Reverses TTAB: KAHWA not Generic for, or Descriptive of, Cafés and Coffee Shops - Substantial Evidence Lacking

Recommended Reading:

• Recommended Reading: The Trademark Reporter, November-December 2025 Issue
• Recommended Reading: A Legal Strategist's Guide to Trademark Trial and Appeal Board Practice, Fifth Edition
• Recommended Reading: The Trademark Reporter, September-October 2025 Issue

Other:

• USPTO Publishes November 2025 Revision of the Trademark Manual of Examining Procedure
• Recent Supreme Court Developments in TTAB cases
• USPTO Seeks Applicants for Chief Administrative Trademark Judge at the TTAB
• Supreme Court Developments in TTAB cases
• TTAB Deputy Chief Judge Thomas V. Shaw Retires
• TTAB Posts December 2025 Hearing Schedule
• TTABlog Celebrates 21st Anniversary!
• TTAB Posts November 2025 Hearing Schedule
• Judge Mary Beth Myles Has Resigned from the TTAB
• TTAB Quarterly Index: July - September 2025
• TTAB Posts October 2025 Hearing Schedule.

Text Copyright John L. Welch 2025.

TTABlog Quarterly Index: July - September 2025

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com.

Section 2(a) - False Connection:

• US SPACE FORCE Applicant Files Certiorari Petition Seeking Reversal of Section 2(a) False Connection Refusal

Section 2(d) - Likelihood of Confusion:

• Weakness of "MANE" for Hair Products Yields Dismissal: MAIN ESTEEM Not Confusable with MANE 'N TAIL
• Precedential No. 8: TTAB Shuts Down "THE HOTEL EL ROBLAR" Application Due to Lack of Bona Fide Intent
• TTABlog Test: Is M8KIT Confusable with M8 for Clothing? [Yes]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• Cross-Fit Champion Mathew E. Fraser Wins Priority Contest Over HARD WORKS PAYS OFF Mark for Clothing
• TTABlog Test: Is "TASTE THE POETRY" for Vodka Confusable with "POETRY" for Wine? [Yes]
• CAMPANARIO for Alcoholic Beverages Except Beer Confusable with BELL TOWER for Beer, Says TTAB
• MOSAIC Opposer Fails to Prove Relatedness Between Vocational Training and its Entertainment Website
• TTABlog Test: Is APPARITION Confusable with PHANTOM for Wine? [Yes]
• TTABlog Test? Is ELEMENTAL BEAUTY for Skincare Products Confusable with BEAUTY IS ELEMENTAL for Nutritional Supplements? [Yes]
• TTABlog Test: Are Clothing and Perfume Related Under Section 2(d)? [Yes]
• TTABlog Test: Are Clothing and Sunglasses Related Under Section 2(d)? [Yes]
• Differences in Goods/Services Yield Dismissal of MISS BUSINESS/MS. BUSINESS Section 2(d) Opposition
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• Rejecting Strategic Partners Argument, TTAB Affirms 2d Refusal of IN HARMONY WITH NATURE for On-line Sale of Personal Care Products
• TTAB Overturns 2d Refusal of "SIDECAR SLIDER BAR" for Restaurant and Bar Services Due to Extensive Third-Party Use of "SIDECAR"
• Precedential No. 7: Opposer Fails to Prove Distinctiveness of its Common Law Mark, Loses 2d Opposition on Priority
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: Is MAYELA Confusable with MAYA for Wine? [Yes]
• TTABlog Test: Is "LEFT RIGHT MIDDLE" Confusable with "LEFT CENTER RIGHT & Design" for Dice Games? [No]
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• DANKEES Confusable with YANKEES for Clothing, Says TTAB
• TTABlog Test: Is BUFFALO CITY for Alcoholic Beverages Confusable with BUFFALO TRACE for Bourbon? [Yes]

• On Remand, TTAB Sustains Cognac Institute's Section 2(d) Opposition to COLOGNE & COGNAC ENTERTAINMENT
• TTABlog Test: Is SEXTO for Alcoholic Beverages Confusable with THE SEXTON for Whiskey? [No]
• TTABlog Test: Are Mugs and Drinking Straw Cleaning Brushes Related Under Section 2(d)?
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• Proof of One Incident of Actual Confusion Factors Into TTAB's Granting of Petition to Cancel ZEROLIQUID Registration for Water Filters
• TTAB Affirms Five Refusals of SHYFT Marks for Beer and Flavored Malt Beverages: Confusable with SHIFT for Wine
• TTABlog Test: Is BREAK OUT THE BANDIDO Confusable with BANDIT for Overlapping Alcoholic Beverages?

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

• TTABlog Test: Is BATTLE ROYALE GOLF Merely Descriptive of Golf Games? [Yes]
• TTABlog Test: Is "GREEN COLLECTIVE" Merely Descriptive of Kitchen Utensils? [Yes]
• TTABlog Test: Is WORLDWIDECRYPTO Merely Descriptive of Cryptocurrency Exchange Services? [Yes]
• TTAB Upholds Mere Descriptiveness Refusal of "THE TRAVELING PAWTOGRAPHERS" for Pet Portrait Photography Services
• Federal Court (E.D. Va.) Reverses TTAB Decision: Apple's REALITY COMPOSER and REALITY CONVERTER Not Merely Descriptive of Developer Software
• TTABlog Test: Is TENNISOS Merely Descriptive of Robotic Systems Software Platforms? [Yes]
• TTABlog Test: Is GHOSTWRITTEN INC. Merely Descriptive of Publication of E-books and Blog Posts [No]
• TTABlog Test: Is NATIVE NATIONS CANNABIS Merely Descriptive of Hemp-Containing Cosmetics? [No]
• TTABlog Test: Three Recent Section 2(e)(1) Mere Descriptiveness Appeals - How Did They Turn Out?

Section 2(e)(2) - Geographical Descriptiveness:

• TTAB Reverses 2(e)(2) Geographical Descriptiveness Refusal of BUCKEYE CUSTOM E-BIKES

Section 2(f) - Acquired Distinctiveness:

• Despite 18 years of Sales, LED Configuration Lacks Acquired Distinctiveness, Says TTAB

Failure-to-Function:

• CAFC Vacates and Remands TTAB's Affirmance of F**K Failure-to-Function Refusal Due to Lack of Clarity
• BOSTON STRONG Fails to Function as a Service Mark for Volley Ball Entertainment, Says TTAB
• STROLL TO THE POLLS Fails to Function as a Trademark for Clothing, Says TTAB

Genericness:

• TTAB Grants Summary Judgment Motion, Tossing Out Genericness, Section 2(b), and Fraud Claims
• TTAB Sustains Genericness Opposition to MLD FAMILY for Metachromatic Leukodystrophy (MLD) Advocacy
• VETEMENTS Applicant Files Certiorari Petition Seeking Reversal of Genericness Refusal Under Doctrine of Foreign Equivalents

Lack of Bona Fide Intent:

• TTAB Sustains Disney's Opposition to OSWALD THE RABBIT for Movie and Play Production Due to Lack of Bona Fide Intent

Section 15(6) Nonuse Cancellation:

• DESPACITO Registrant Defeats Section 14(6) Claim by Proving Excusable Nonuse

Discovery/Evidence/Procedure:

• No Evidence = No Cancellation of Registration for CASUAL COMFORT for Pillows
• USPTO Trademark Alert: TTAB Changes Deadline for Answer in Board Proceeding to 60 Days
• TTAB Allows Amendment of Admission Responses but Grants Motion for Summary Judgment for Lack of Bona Fide Intent
• Oops! Opposer Fails to Prove Statutory Standing: Submitting Ordinary Copy of Registration Not Enough
• Precedential No. 6: TTAB Refuses to Add Affirmative Defense of Abandonment but Allows Addition as Counterclaims

CAFC Decisions:

• CAFC Reverses and Remands ASPIRE BANK Opposition for Reconsideration of First and Sixth DuPont Factors
• CAFC Vacates and Remands TTAB's Affirmance of F**K Failure-to-Function Refusal Due to Lack of Clarity
• CAFC Reverses TTAB: KIST is Confusable with SUNKIST for Soft Drinks
• CAFC Affirms TTAB: YUCATAN SHRIMP is Merely Descriptive of Prepared Shrimp Dish

Recommended Reading:

• Recommended Reading: The Trademark Reporter, July-August 2025 Issue

Other:

• Morgan & Morgan Claims Fair Use of Steamboat Willie Cartoon Adaptation in its Advertisement
• Current Roster of TTAB Administrative Trademark Judges
• TTAB Posts September 2025 Hearing Schedule
• TTAB Posts August 2025 Hearing Schedule

Text © John L. Welch 2025.

TTABlog Quarterly Index: April - June 2025

E-mail subscriptions to the TTABlog are available. Just enter your e-mail address in the box on the right to receive a daily update via Feedblitz. Please report any broken or inoperative links, as well as any errors and omissions, to the TTABlogger at jwelch at wolfgreenfield.com.

Section 2(a) - False Suggestion of a Connection:

• USPTO Fails to Prove Section 2(a) False Connection of ENAIRA with the Central Bank of Nigeria
• CAFC Affirms TTAB: US SPACE FORCE Falsely Suggests a Connection with the United States

Section 2(d) - Likelihood of Confusion:

• WYHA? TTAB Finds VITAWHEY Confusable with VITAWAYS for Dietary and Nutritional Supplements
• TTABlog Test: Are Jewelry and Underwear Related Under Section 2(d)? [Yes]
• Prior Registration Under 13th DuPont Factor Fails to Save RAIN DANCER From Section 2(d) Refusal
• TTABlog Test: Are These Two Word-And-Design Marks Confusable for Keys and Key Blanks?
• TTAB Finds VORSPRUNG for Electric Vehicle Charging Stations Confusable with VORSPRUNG DURCH TEKNIK for Land Vehicles
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: Which of These Section 2(d) Refusals Was/Were Overturned on Appeal?
• Yankees Win! TTAB Sustains Section 2(d) Opposition to NYC NEW YORK CANNABIS & Design for Clothing
• TTABlog Test: Are Golf Simulator Services Related to Restaurant Services Under Section 2(d)? [Yes]
• Third-Party Registrations and Uses Yield TTAB Reversal of Section 2(d) Refusal
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?
• TTABlog Test: Are Leather Bags Related to Cosmetics Under Section 2(d)? [Yes]
TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?
• TTAB Dismisses THOR Opposition, Finding Boats Unrelated to Recreational Vehicles: 34 Pairs of Third-Party Registrations Proved Decisive
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?

• TTABlog Test: Is MONSTER STRAW for Drinking Straws Confusable with MONSTER for Energy Drinks? [Yes]
• Professor J. Thomas McCarthy: "What is the 'Zone of Natural Expansion' Doctrine?"
• TTAB Partially Grants GUIDEON Cancellation Petition but Rejects Zone-of-Natural-Expansion Claim
• CAFC Affirms TTAB: CHICKEN SCRATCH for Beer is Confusable with CHICKEN SCRATCH for Restaurant Services
• TTABlog Test: How Did These Three Recent Section 2(d) Appeals Turn Out?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Overturned on Appeal?

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

• TTABlog Test: Is "USNA" Merely Descriptive of Cosmetics? [Yes]
• POWER CAPSULE and POWER TUNNEL Merely Descriptive of Energy Storage Containers, Says TTAB
• WYHA? TTAB Finds DOCRETENTION Merely Descriptive of Document Retention Software
• TTABlog Test: Is PIZZACCIA Merely Descriptive of Pizza and Cheese? [Yes]
• SWIPE LEFT Merely Descriptive of, and Fails-to-Function as a Source Indicator for, Matchmaking Software, Says TTAB
• TTABlog Test: Is BLADE Merely Descriptive of Hammers for Hammer Mill Machines? [Yes]
• TTABlog Test: Is UNITED STATES COAST GUARD Merely Descriptive of Employment Counseling and Recruiting Services? [Yes]
• TTABlog Test: Which of These Three Section 2(e)(1) Mere Descriptiveness/Disclaimer Refusals Was/Were Reversed?

Section 2(e)(5) - Functionality:

• TTAB Affirms Another Section 2(e)(5) Functionality Refusal: Beach Canopy

Abandonment/Nonuse/Specimen of Use:

• Providing Warranty Services With One's Own Goods is not a Recognizable Service Under the Trademark Act
• TTABlog Test: Is this Trademark Mutilation?
• TTABlog Test: Do You Recognize Trademark Mutilation When You See It?
• TTAB Grants HALFANIMAL Cancellation Petition on the Ground of Abandonment

Dilution:

• Two Dilution Claims: TTAB Finds "IVY LEAGUE" to be Famous, But Not "ASUS"

Failure-to-Function:

• TTAB Affirms Failure-to-Function Refusal of YOUR BEST CHOICE for Educational Services
• TTAB Affirms Failure-to-Function Refusal of Certification Badges for Completion of Skills Evaluation Courses
• SWIPE LEFT Merely Descriptive of, and Fails-to-Function as a Source Indicator for, Matchmaking Software, Says TTAB

Genericness:

• CAFC Affirms TTAB's VETEMENTS Genericness Ruling
• TTAB Finds SLEEP HEADPHONES to be Generic for . . . . Guess What?
• CAFC Affirms TTAB: Dark Green Color is Generic for Chloroprene Medical Examination Gloves
• TTABlog Test: Is HEELS Generic for Medicated Skin Care Cream?

Lack of Bona Fide Intent:

• Three Recent TTAB Inter Partes Decisions: a Mixed Bag of Defeats for the Plaintiffs
• Precedential No. 4: TTAB Sustains Opposition to CUADRA for Alcoholic Beverage Due to Lack of Bona Fide Intent

Pan-American Convention:

• E.D. Va. Affirms TTAB Decision Ordering Cancellation of two General Cigar Registrations for "COHIBA" Under Pan-Am Convention

Discovery/Evidence/Procedure:

• Three Recent TTAB Inter Partes Decisions: a Mixed Bag of Defeats for the Plaintiffs
• Precedential No. 5: TTAB Will Not Accept Incorporation-By-Reference of An Appellant's Prosecution Arguments
• CAFC Affirms TTAB: Mere Consumer Curtin Lacked Statutory Standing to Oppose RAPUNZEL for Dolls
• Petitioner Failed to Prove "Standing" for Cancellation of KINNEY SHOES Registration
• TTAB Dismisses LIVE RESIN Oppositions Under Rule 2.132(a) for Failure to Prosecute

CAFC Decisions:

• CAFC Reverses TTAB - Remands ECHO D’ANGÉLUS Opposition Due to Lack of Substantial Evidence Supporting Dismissal
• CAFC Affirms TTAB: Mere Consumer Curtin Lacked Statutory Standing to Oppose RAPUNZEL for Dolls
• CAFC Affirms TTAB's VETEMENTS Genericness Ruling
• CAFC Overturns TTAB Dismissal of SFERA Opposition, Remanding for Reconsideration of1st and 2nd DuPont Factors
• CAFC Affirms TTAB: US SPACE FORCE Falsely Suggests a Connection with the United States
• CAFC Affirms TTAB: Dark Green Color is Generic for Chloroprene Medical Examination Gloves
• CAFC Affirms TTAB: CHICKEN SCRATCH for Beer is Confusable with CHICKEN SCRATCH for Restaurant Services
• CAFC Upholds TTAB Dismissal of "fleur-de-lis" Cancellation Petition Due to Lack of Standing
• CAFC Affirms TTAB Dismissal of IVOTERS Opposition Due to Failure to Prove Acquired Distinctiveness (Priority) of Pleaded Marks

Recommended Reading:

• Recommended Reading: The Trademark Reporter, May-June 2025 Issue
• Ted Davis: "Federal Court and Trademark Trial and Appeal Board Review"
• The Trademark Reporter's 2025 "Annual Review of European Trademark Law"
• Professor J. Thomas McCarthy: "What is the 'Zone of Natural Expansion' Doctrine?"
• Recommended Reading: Dustin Marlan, "Servicing Trade Dress: Demystifying the Tertium Quid"

Other:

• Christina Hieber Named TTAB Acting Chief Administrative Trademark Judge
• Updated Roster of TTAB Administrative Trademark Judges
• TTAB Posts May 2025 Hearing Schedule
• Trademark Reporter: Call for Submissions for Theme Issue on Third-Party Liability and Related IP and Product Disputes
• TTAB Posts April 2025 Hearing Schedule

Text © John L. Welch 2025.