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

Here are three recent TTAB decisions in Section 2(d) appeals. Remembering that a TTAB Judge (now retired) once said 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, how do you think these came out? [Answer in first comment].

In re USI Insurance Services LLC, Serial No. 98585708 (April 21, 2026) [not precedential] (Opinion by Judge Christen M. English). [Section 2(d) refusal of the mark shown below, for "insurance services, namely, the brokerage, underwriting, issuance and administration of commercial property and casualty, personal property and casualty, accident, and health insurance tailored to the needs; of insureds; insurance agency services; wholesale brokerage of various types of insurance tailored to the needs of insureds” [SPECIALTY disclaimed] in view of the registered mark IGP for "administration and underwriting of life insurance, accident and health insurance, annuity contracts, and pensions."]

In re Nekki Limited, Serial No. 98767008 (April 22, 2026) [not precedential] (Opinion by Judge Thomas W. Wellington) [Section 2(d) refusal of the mark SPINE – THIS IS GUN FU for, inter alia, "downloadable computer games software," "home video game machines," "hand-held computer games equipment, namely game consoles," and "providing online, interactive multi-player computer games" [GUN FU voluntarily disclaimed] in view of the registered mark GUN FU for "Downloadable computer game software via a global computer network and wireless devices."]

In re Heretic Beauty Inc., Serial No. 98831998 (April 22, 2026) [not precedential] (Opinion by Judge George C. Pologeorgis). [Section 2(d) refusal of the mark EAU DE MACABRE for “fragrances and perfumery” in view of the registered mark shown below for various clothing items and the registered standard character mark MACABRE for candles.]

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Text Copyright John L. Welch 2026.