TTABlog Quarterly Index: October - December 2025

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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?
• TTABlog Test: Is DANKE Confusable with MERCI for Chocolates? [No]
• 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? [Yes] 

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.