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

So far this year, the frequencey of TTAB affirmances of Section 2(d) refusals has dropped to the 84% range. Here are decisions in three recent appeals. How do you think they came out? [Answer in first comment].

In re Dillon M. Fink, Serial No. 98418182 (May 27, 2026) [not precedential] (Opinion by Judge Mark A. Thurmon) [Section 2(d) refusal of the mark WHIRL PONG for "Equipment sold as a unit for playing drinking games featuring a rotating turntable that holds cups" [PONG disclaimed] in view of the registered mark WHIRLBALL for "portable action skill games; portable target games; the aforementioned goods specifically excluding amusement park equipment."]

In re Octavio J. Ramirez Bartolomei, Serial No. 98798291 (May 27, 2026) [not precedential] (Opinion by Judge Martha B. Allard). [Section 2(d) refusal of HAPPY MAMITA for "Shirts; Tee shirts" in view of the registered mark MAMITA for "Clothing, namely, T-shirts, jackets, pants, sweaters for children."]

In re Naturel Goods LLC, Serial No. 98702670 (May 28, 2026) [not precedential] (Opinion by Judge Jennifer L. Elgin). [Section 2(d) refusal of the mark B NATUREL and design, shown below left, for "Body and beauty care cosmetics; Hair care creams; Hair care lotions; Hair care preparations; Beauty creams for body care; Cosmetic preparations for body care; Cosmetics sold as an integral component of non-medicated skincare preparations" [NATUREL disclaimed] in view of the registered mark B NATURAL and design, shown below right, for "Non-medicated cosmetics and toiletry preparations; perfumery, essential oils; cleaning and abrasive preparations for human skin" [NATURAL disclaimed].

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Text Copyright John L. Welch 2026.