TTABlog Running Index: January 2026 to Date

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Section 2(d) - Likelihood of Confusion:

• 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:

• 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 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:

• 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 11 Precedential Opinions in 2025
• TTAB Posts January 2026 Hearing Schedule

Text Copyright John L. Welch 2026.