TTABlog Test: How did These Three Recent Section 2(d) Appeals turn out?

TTAB affirmances of Section 2(d) refusals are running at about 84% so far this year. Here are three recent decisions. How do you think they came out? [Answer in first comment].

In re AM Hospitality, LLC, Serial No. 98891881 (June 30, 2026) [not precedential] (Opinion by Judge Elizabeth K. Brock). [Section 2(d) refusal of the mark SIDE PIECE PIZZA for "restaurant featuring pizza" [PIZZA disclaimed] in view of the registered mark SIDE PIECE, in standard character form, for "Food and drink catering; Preparation of food and beverages; Providing of food and drink; Restaurant services, namely, providing of food and beverages for consumption on and off the premises; all of the foregoing excluding services involving pizza, private labeled beer, and/or breweries."]

In re GE Precision Healthcare LLC, Serial No. 98098739 (July 6, 2026) [not precedential] (Opinion by Judge Jennifer L. Elgin) [Section 2(d) refusal of the mark OMNI for "Medical apparatus and instruments for use in positron emission tomography/computed tomography (PET-CT) imaging" in view of the registered mark OMNITOM for "computed tomography (CT) imaging machines."]

In re Nawkaw, Inc., Serial No. 98499982 (July 6, 2026) [not precedential] (Opinion by Judge David K. Heasley). [[Section 2(d) refusal of the mark ECOTONE for "Coating compositions in the nature of paint, namely, clear and pigmented coatings specifically formulated for application to concrete and masonry surfaces by professionals, not for retail sale or consumer use, and not for use on wood surfaces" in view of the registered mark ECO-TONES for "interior and exterior stains, sealers and coatings for roofs, siding and timber; wood preservatives; restorative preparations in the nature of stains for wood; and coatings for wood, namely, stains, coatings, sealers, preservatives and restoratives in the nature of stains."]

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Text Copyright John L. Welch 2026.