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

TTAB affirmances of Section 2(d) refusals continue to run at about 90% this year. Here are three recent decisions. How do you think they came out? [Answer in first comment].

In re Skylark Nails Supply, Serial No. 97612916 (May 6, 2026) [not precedential] (Opinion by Judge Wendy B. Cohen) [Section 2(d) refusal of the mark CRE8TION for "Acrylic nail powder and liquid preparations for shaping or sculpting nails; Adhesives for affixing false eyelashes; Artificial eyelashes; Nail hardeners; Nail tips" and for manicure and pedicure implements and eyelash curlers, in view of the registered mark CREATION (in standard characters) for perfumes, beauty products, tanning products, skin toners, lotions, and creams, and other class 3 products.]

In re Lucky Day Entertainment, Inc., Serial No. 98391360 (May 8, 2026) [not precedential] (Opinion by Judge Thomas L. Casagrande). [Section 2(d) refusal of LUCKY DAY for “Downloadable software in the nature of a mobile application for playing games of chance; Downloadable computer game programs" in view of the registered mark MY LUCKY DAY (in standard characters) for "Machines for playing games of chance."]

In re GSM Services, Inc., Serial Nos. 98318207 and 98318223 (May 20, 2026) [not precedential] (Opinion by Mark A. Thurmon). [Section 2(d) refusal of the mark GSM HEATING AND COOLING SINCE 1927, in standard form and in the word-and-design form shown below, for "Advisory services relating to the installation of heating and cooling apparatus; Air conditioning apparatus cleaning services; Air duct cleaning services; Home energy assessment services for the purpose of determining home improvements needed to improve energy use and efficiency; HVAC contractor services; HVAC duct cleaning services; Installation of heating and cooling apparatus; Installation of insulating materials; Installation of insulating materials in buildings and structures; Installation of building insulation; Repair or maintenance of power generators; Installation of HVAC systems; Maintenance and repair of electricity generators,” in view of the registered mark GSM ROOFING for "Roofing services."]

Read comments and post your comment here.

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

Text Copyright John L. Welch 2026.