TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

Section 2(d) affirmances continue to run at about 90% this year (as usual). Here are three recent appeals. No hints this time. How do you think they came out? [Answer in first comment].

In re Circadia by Dr. Pugliese, Inc., Serial No. 98199631 (September 19, 2025) [not precedential] (Opinion by Judge Cheryl S. Goodman). [Section 2(d) refusal of the mark RADIANCE (in standard characters) for "Professional non-medicated skincare products in the nature of cosmetics," in view of the identical mark registered for "Hair care, personal care preparations, namely, body washes, hair shampoo and conditioner."].

In re Point One, LLC, Serial No. 97462243 (September 18, 2025) (Opinion by Judge David K. Heasley) [Section 2(d) refusal to register the mark P1 for "Aircraft engine parts, namely, fasteners; Automotive parts, namely, turbocharger systems; Camshafts for vehicle engines; Connecting rods for machines, motors and engines; Crank shafts for engines; Crankcases for machines, motors and engines; Cylinder heads for engines; Engine camshafts; Engine rods; Head studs for engines; Intake manifolds for internal combustion engines; Automobile engine valve covers; Automotive intake manifolds; Internal combustion engine parts, namely, heads; Internal combustion land vehicle engine parts, namely, connecting rods," in view of the identical mark registered for “land vehicles; solid, semi-pneumatic and pneumatic tyres for vehicle wheels."]

In re Pro-Touch Nurses Inc., Serial Nos. 97796592 and 97906200 (September 16, 2025) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Section 2(d) refusals of the mark PROTOUCH STAFFING and the logo mark shown below, for "Professional staffing and recruiting services; professional staffing and recruiting in the healthcare field" [STAFFING disclaimed], in view of the registered mark PROTOUCH CAREERS for "Career placement consulting services; Career planning services; Providing career information; Providing employment counseling information on how to successfully transition jobs; Providing employment counseling services; Resume preparation; Resume writing; Writing of publicity texts; Providing an interactive web site featuring resume writing information to facilitate preparation of resumes; Writing of resumes for others" [CAREERS disclaimed]].

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Text Copyright John L. Welch 2025.