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

For the past decade, about 90% of Section 2(d) refusals have been affirmed on appeal. A TTAB Judge (now retired) once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by considering the marks and the goods/services. [Apparently, if you just say "affirmed," you will be right 90% of the time. It's the other 5% that's the challenging part.] Here are three recent Section 2(d) appeals. Let's see how you do. [Answer in first comment].

In re MacLan, Inc., Serial No. 98126959 (July 8, 2026) [not precedential] (Opinion by Judge David K. Heasley). [Section 2(d) refusal of the mark TRUGRIT for “power-operated abrasive wheels, namely, abrasive grinding wheels for metals (in Class 7) in view of the registered mark TRUE GRIT for “abrasive lapping compounds for industrial sharpening and grinding” (Class 3).]

In re Huda Beauty Limited, Serial No. 98565357 (July 9, 2026) (Opinion by Judge Christen M. English) [Section 2(d) refusal to register the mark CHERRY BLOSSOM for “cosmetic powder; cosmetic face powder; cosmetic under eye powder; make up setting powder; powder compacts sold filled with cosmetic powder; loose powder for the face and under eye area; pressed powder for the face and under eye area; skin color correcting liquid for cosmetic purposes” in view of the identical mark registered for "false eyelashes."]

In re DEO Company LLC, Serial No. 99057517 (July 10, 2026) [not precedential] (Opinion by Judge Robert Lavache). [Section 2(d) refusal of the mark DEO for “Non-electric diffusers for air fragrancing preparations, namely, reusable containers with releasably joined parts to hold and dispense scents in a space" (Class 21) in view of the identical mark registered for "air fragrance reed diffusers” and “aromatics essential oils" in Class 3.]

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

Text Copyright John L. Welch 2026.