TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?

TTAB affirmances of Section 2(d) refusals continue to run at about 90% this year. Here are three recent decisions. At least one of them resulted in a reversal. What say you? [Answer in first comment].

In re Grandvision France, Serial No. 79389236 (May 12, 2026) [not precedential] (Opinion by Judge Christopher C. Larkin). [Section 2(d) refusal of the mark shown below left, for "“Spectacles; spectacle frames; eyeglasses; sunglasses; masks for sports in the nature of sports goggles, with the exception of fencing masks; spectacle lenses; optical lenses; lenses for sunglasses; correcting lenses being optical lenses; contact lenses; eyeglass lenses; ophthalmic lenses; corrective lenses being optical lenses; spectacle cases; eye glass cases; carrying cases for contact lenses; headbands, cords, chains and ties for holding spectacles, namely, eye glass cords and eye glass chains; binoculars; optic magnifiers being magnifying glasses” in view of the registered mark below right, for "Beauty masks; Cleaning preparations; Cosmetic preparations for eyelashes; Cosmetic products in the form of aerosols for skin care; Cosmetics; Cotton sticks for cosmetic purposes; Cotton wool for cosmetic purposes; Facial cleansing milk; Lotions for cosmetic purposes; Make up removing preparations.”]

In re Destiladora del Valle de Tequila SA de CV, Serial No. 98588895 (May 12, 2026) [not precedential] (Opinion by Judge Robert Lavache) [Section 2(d) refusal of AI for "Distilled agave liquor" in view of the identical mark registered for "Wine."]

In re TDI Novus Inc., Serial No. 98593408 (May 12, 2026) [not precedential] (Opinion by Judge Thomas W. Wellington). [Section 2(d) refusal of the mark shown below, for "A voice communication system for an autonomous vehicle in maritime comprised of an apparatus to record, transcribe, translate, and parse voice communications over the radio frequency spectrum and autonomously providing a system generated voice transmission response that is appropriate and in context of the transmission and any earlier transmissions," in view of the registered mark MERMADE for, inter alia, "apparatus for recording, transmission or reproduction of sound and images."].

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Text Copyright John L. Welch 2026.