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

TTAB affirmances of Section 2(d) refusals are running at about 84% so far this year, appreciably below the usual 90%. Here are three appeals decided last week. How do you think they came out? [Answer in first comment].

In re Happy Ears Hearing Center, LLC, Serial No. 97036010 (August 6, 2026) [not precedential] (Opinion by Judge George C. Pologeorgis) [Section 2(d) refusal of the mark HAPPY EARS HEARING (In standard character form) for “Medical diagnosis, treatment, and evaluation of hearing and balance disorders; hearing aid services" [EARS HEARING disclaimed] in view of the registered mark HAPPY EARS for “ear plugs for noise reduction or soundproofing” and for “ear plugs for noise reduction or soundproofing” [EARS disclaimed].]

In re Oxford Healthspan LLC, Serial No. 97096288 (August 6, 2026) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusal of the mark PUREMIDINE for “Nutritional supplements for pets” in view of the identical mark registered for spermidine and various spermidine mixtures, derivatives, and isomers, all used as raw ingredients in the manufacture of foods and nutritional and dietary supplements.]

In re Scrap-It, LLC, Serial Nos. 98080185 (August 6, 2026) [not precedential] (Opinion by Thomas L. Casagrande). [Section 2(d) refusal of the mark shown below, for "downloadable software application for mobile phones for scheduling debris removal services" in view of the registered mark SCRAP-IT! for "Software as a service (SAAS) services featuring software for connecting customers wanting items removed from a location with companies and people that can haul away the items."]

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Text Copyright John L. Welch 2026.