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

The rate of section 2(d) affirmances so far this year is about 92% (a bit higher than usual). Here are three recent appeals. No hints this time. How do you think they came out? [Answer in first comment].

In re Innocent Health LTD, Serial No. 97528277 (December 8, 2025) [not precedential] (Opinion by Judge Mark A. Thurmon). [Section 2(d) refusal of the mark NOVOMINS NUTRITION for “Food supplements in the form of gummies for general health and well-being; Gummy vitamins" [NUTRITION disclaimed] in view of the registered mark NOVOMIN for “Food supplements; Nutritional supplements.”]

In re The Toasted Yolk Cafe, LLC, Serial No. 97579560 (December 8, 2025) (Opinion by Judge Thomas L. Casagrande) [Section 2(d) refusal to register the mark shown below, for “Restaurant and café services” [BRUNCH disclaimed] in view of the registered mark TOAST A BRUNCH LIFE for “Café services; Restaurant services."]

In re Find Salt Owned By Independent Restaurants Management One Person Company LLC, Serial Nos. 98492526 and 98492654 (December 10, 2025) [not precedential] (Opinion by Judge Elizabeth K. Brock). [Section 2(d) refusal of the two marks shown first below, for, inter alia, cafe services and restaurant services, in view of the registered marks shown second below, for "Restaurant and café services."]

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Text Copyright John L. Welch 2025.