TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?
For the past decade, about 90% of Section 2(d) refusals have been affirmed. A TTAB Judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by considering the marks and the goods/services. Here are three recent Seciton 2(d) appeals. At least one of them was reversed. Let's see how you do. [Answer in first comment].
In re Culine Imports LLC, Serial No. 98480830 (January 16, 2026) [not precedential] (Opinion by Judge Jessica B. Bradley). [Section 2(d) refusal of the mark shown below, for "consumer electronic products, namely, audio amplifiers, audio speakers, audio receivers, electrical audio and speaker cables and connectors, audio decoders, video decoders, speakers, power conversion devices, power converters, and power inverters" in view of the registered mark FUZZIX for lamps, lamp fixtures, and other lighting products.]
In re Free-Free(USA) Inc. and Free-Free Industrial Corp., Serial No. 98518085 (January 16, 2026) [not precedential] (Opinion by Judge Thomas L Casagrande). [Section 2(d) refusal of the mark VAC-TITE for, inter alia, "canister sets" and "acrylic insulation jars and all purpose household acrylic jars used to store dry food goods such as cereal, chips, pasta, sugar, cookies, flour, bagels," in view of the registered mark TIGHTVAC for "kitchen containers."]
In re Luxury Brands International LLC, Serial No. 98476728 (January 26, 2026) (Opinion by Judge Angela Lykos) [Section 2(d) refusal to register the mark shown below, for "bed sheets" and other bedding products [LUXURY BRANDS INTERNATIONAL disclaimed], in view of the registered mark LUXBRAND for "bed blankets" and "bed sheets."]
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Text Copyright John L. Welch 2026.







1 Comments:
The first two were affirmed, the third reversed.
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