TTABlog Quarterly Index: July - September 2025

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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.