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

For the past decade, about 90% of Section 2(d) refusals have been affirmed on appeal. A TTAB Judge (now retired) 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 Section 2(d) appeals. Let's see how you do. [Answer in first comment].

In re Bump Health, Inc., Serial No. 98294493 (February 4, 2026) [not precedential] (Opinion by Judge Angela Lykos). [Section 2(d) refusal of the mark AINS & LJ for “Wall sticker murals; Wall stickers; Children’s wall stickers” in International Class 16 and "furniture" in International class 20, in view of the registered mark LJ for “furniture” in International Class 20 and “Wallpaper, non-textile wall coverings, namely, wall coverings made of paper, grass cloth, vinyl, polymers or fabric” in International Class 27.]

Sumitomo Rubber Industries, Ltd., Serial No. 97684418 (February 6, 2026) (Opinion by Judge Jennifer L. Elgin) [Section 2(d) refusal to register the mark HB SOFT, in standard characters, for "Golf club heads; Golf clubs; Golf putters" in view of the registered mark HB & Design (shown below) for "golf balls."]

In re Rene Sebastian Friessen Froese, Serial No. 98217661 (February 10, 2026) [not precedential] (Opinion by Judge Mark A. Thurmon). [Section 2(d) refusal of the mark FORTEX MFG, in standard characters [MFG” disclaimed], for “Custom manufacture of vehicles, vehicle parts, and metallic structures in the nature of power trains, dollies, and storage containers” and “Engineering of vehicles, vehicle parts, and metallic structures in the nature of power trains, dollies, and storage containers; Industrial design of vehicles, vehicle arts, and metallic structures in the nature of power trains, dollies, and storage containers," in view of the registered mark FORTEC, in standard characters, for “Automobile customization, modification, and accessory installation services."]

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TTABlogger comment: How did you do? See any WYHA?s ?

Text Copyright John L. Welch 2026.