TTABlog Quarterly Index: April - June 2026

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Section 2(a) - False Suggestion of a Connection:

• Precedential No. 4: TTAB Affirms Refusal of WEMBY for Athletic Apparel - False Connection with and Lack of Consent from the real Wemby

Section 2(b) - Flag/Coat of Arms/Insignia:

• TTAB Upholds Section 2(b) Refusal: PROSCIUTTO DI CARPEGNA Mark Includes Italian Flag or Simulation Thereof

Section 2(c) - Consent to Register:

• Precedential No. 4: TTAB Affirms Refusal of WEMBY for Athletic Apparel - False Connection with and Lack of Consent from the real Wemby

Section 2(d) - Likelihood of Confusion:

• Precedential No. 3: Ownership of Lapsed Registration No Justification for New Application for Same Mark and Goods/Services
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• Despite Weakness of "GLORIA" as a Formative, TTAB Upholds 2(d) Refusal of GLORIA & Design for Italian Restaurant Services
• TTAB Reverses 2(d) Refusal of GHOST AGENCY & Design for Advertising Services due in part to a Crowded Field of "GHOST" Marks
• TTABlog Test: Is LIVIA JOLIE for Clothing Confusable with LIVIA & Design for Beachwear? [Yes]
• TTABlog Test: Is CELEBRITY PITCH TANK Confusable with SHARK TANK for Business-Themed Entertainment Services? [Yes]
• TTAB Affirms Bifusal of THE OHIO IPA for Beer: Geographically Descriptive and Confusable with OHIO PALE ALE for Beer
• TTABlog Test: Is THRESHER WORM for Fishing Lures Confusable with THRASHER RODS for Fishing Rods? [Yes]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Is PRO-GO for Bendable Lotion Containers Confusable with HANDY PRO-GO for Plastic Pails? [No]
• No Evidence of Priority, So TTAB Dismisses NEAU Coffee Opposition
• TTAB Test: Are these two "NWA" Marks Confusable for Clothing? [No]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Is GRUPPO VAVA for Clothing Excluding Lingerie Confusable with VAVA for Lingerie? [Yes]
• TTABlog Test: Is HORSETHIEF CANYON VINEYARDS for Wine Confusable with HORSE THIEF HOLLOW for Beer? [Yes]
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?
• Are These Two Logo Marks Confusable for Candy? [No]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Are T-Shirts Related to Entertainment Services Under Section 2(d)? [Yes]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?

• TTABlog Test: Is "READY, FETCH, GO!" for Dog Toys Confusable with "READY SET FETCH" for Balls and Flying Discs?
• TTABlog Test: Are Perfume and Clothing Related Under Section 2(d)? [Yes]
• TTABlog Test: Which of These Three Recent Section 2(d) Oppositions Was/Were Dismissed?
• TTABlog Test: Is PLAYER EXCLUSIVE for Distilled Spirits Confusable with PLAYERS VODKA for Vodka? [Yes]
• TTABlog Test: Is Costume Jewelry Related to Clothing Under Section 2(d)? [Yes]
• TTABlog Test: Are Dental Implants Related to Syringes Under Section 2(d)? [No]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• Affirming Section 2(d) Refusal, TTAB Rejects Consent Agreement and Finds Strategic Partners Inapplicable
• TTAB Reverses Section 2(d) Refusal of DAILY HARVEST CAFE Logo for Cafe Services: USPTO Fails to Prove Relatedness to Food Items and On-Line Services

Section 2(e)(1) - Mere Descriptiveness:

• TTABlog Test: How Did These Three Mere Descriptiveness Appeals Turn Out?
• TTAB Affirms Requirement to Disclaim DATA STREAMS for Database Management and Storage Services
• TABlog Test: Is SEAFISH Merely Descriptive of Seafood? [Yes]

Section 2(e)(2) - Primarily Merely Geographically Descriptive:

• TTAB Affirms Bifusal of THE OHIO IPA for Beer: Geographically Descriptive and Confusable with OHIO PALE ALE for Beer

Section 2(e)(4) - Primarily Merely a Surname:

• TTAB Upholds Surname Refusal of GOLIA for Candy

Section 23(c) - Functionality:

• Precedential No. 1: TTAB Finds 8-Slice Pancake Configuration Mark De Jure Functional

Abandonment/Nonuse/Specimen of Use:

• TTAB Reverses Specimen Refusal: User Manual and Calibration Kit Suffice for Agricultural Machinery
• TTAB Affirms Reexamination Decision Ordering Cancellation of BAIA Registration for Non-use, Rejects Residual Goodwill Argument
• TTAB Grants Two Cancellation Petitions Based on Registrant's Deemed Admissions of Non-use
• TAB Upholds Refusal of LACONIA MOTORCYCLE WEEK for Clothing and Patches - Merely Ornamental and not a Source Indicator
• Precedential No. 2: TTAB Upholds USPTO Reexamination Ruling: EVERWISE CREDIT UNION Registration to be Cancelled for Nonuse
• TTAB Affirms Refusal of THEE EARTH logo due to "Mismatch" Between the Identified Goods and Specimens of Use
• Trade Name Use is not Trademark Use, Says TTAB

Non-distinctiveness:

• TTAB Affirms Refusals to Register Restaurant Interior Designs: Distinctiveness Neither Inherent Nor Acquired

Genericness:

• TTABlog Test: Is FOODANALYZER Generic for Food Sensitivity Testing Services? [No]
• TTAB Affirms Genericness Refusal of THE SKIN COACH for . . . . Guess What?
• TTAB Upholds Genericness Refusal of SOCIAL SECURITY LAW GROUP for . . . . Guess What?

Lack of Bona Fide Intent:

• TTAB Sustains Nike's Opposition to BLUE RIBBON TEAM for Sports Stores Due to Lack of Bona Fide Intent

Reexamination:

• TTAB Affirms Reexamination Decision Ordering Cancellation of BAIA Registration for Non-use, Rejects Residual Goodwill Argument
• Precedential No. 2: TTAB Upholds USPTO Reexamination Ruling: EVERWISE CREDIT UNION Registration to be Cancelled for Nonuse

Discovery/Evidence/Procedure:

• TTAB Denies Petition for Cancellation of Giraffe Logo Registration: No Standing After Board Rejects Petitioner's Purported Testimony
• TTAB Denies REVO Cancellation Petition for Failure to Prove Standing
• TTAB Denies Petition to Disqualify Attorney Who Submitted Testimony Declaration
• Supreme Court Denies Petition for Certiorari in RAPUNZEL Consumer Standing Case

CAFC Decisions:

• CAFC Affirms TTAB: Stick Figure for Vapes Not Confusable with "X" for Cigars

Supreme Court Decisions:

• Supreme Court Denies Petition for Certiorari in RAPUNZEL Consumer Standing Case

Recommended Reading:

• Recommended Reading: Prof. Lisa P. Ramsey: Trademarks and Free Speech - Conflicts and Resolutions
• The Trademark Reporter's "Annual Review of European Trademark Law"

Other:

• Second Circuit Vacates Peju Summary Judgment: Lower Court Misapplied Issue Preclusion and Misread B&B Hardware
• 24th at Noon
• TTAB Judge Elizabeth A. Dunn Has Retired
• TTAB Posts May 2026 Hearing Schedule
• TTAB Posts April 2026 Hearing Schedule

Text Copyright John L. Welch 2026.