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Wednesday, March 18, 2026

TTABlog Test: Are Perfumes Related to Cosmetics for Make-Up Artist Work, Under Section 2(d)?

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The USPTO refused to register the marks OUD NEBULA (OUD disclaimed) and FLORAE NEBULA (FLORAE disclaimed) for “perfumes; fragrances and pe...
Tuesday, March 17, 2026

TTABlog Test: Is VEGGIES IN EVERY BITE Merely Descriptive of Pasta?

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In November 2024, the Board suspended the appeal from a failure-to-function refusal of VEGGIES IN EVERY BITE for "pasta, macaroni and ...
Monday, March 16, 2026

TTAB Finds UX ACADEMY Generic for . . . . Guess What?

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The Board affirmed a genericness refusal of the proposed mark UX ACADEMY for "Education services, namely, providing live and on-line c...
Friday, March 13, 2026

TTAB Grants Petition to Cancel Registration of BMF For Media Production Services Due to Nonuse as of SOU Filing Date

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The Board granted a petition for cancellation of a registration for the mark BMF for a broad range of entertainment and media production se...
Thursday, March 12, 2026

TTABlog Test: Are Safari Expedition Services Related to Restaurant Services Under Section 2(d)?

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The USPTO refused to register the mark WHERE LIFE HAPPENS for "arranging and conducting safari expeditions for recreational purposes,...
3 comments:
Wednesday, March 11, 2026

TTAB Tosses Out Cancellation Petition: Untimely Section 2(d) Claim Masquerading as a Section 14(3) Claim

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Finding petitioner's Section 2(d) claim time-barred and its Section 14(3) misrepresentation claim wholly deficient, the Board denied a p...
Tuesday, March 10, 2026

TTAB Reverses 2(d) Refusal of DURAJECT for Ophthalmic Instruments Over DURO-JECT for Bone Cement Injector

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The DURAJECT decision that was included in yesterday's TTABlog Test deserves closer attention, both because of the applicant's impre...
Monday, March 09, 2026

TTABlog Test: Which of These Three Section 2(d) Appeals Was/Were Reversed?

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TTAB affirmances of Section 2(d) refusals continue to run at about 90% this year. Here are three recent decisions in Section 2(d) appeals. A...
3 comments:
Friday, March 06, 2026

CHATGPT Not Inherently Distinctive, but USPTO Accepted Claim of Acquired Distinctiveness

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The Board affirmed a Section 2(e)(1) mere descriptiveness refusal of the proposed mark CHATGPT for downloadable and non-downloadable “chatb...
14 comments:
Thursday, March 05, 2026

Recommended Reading: Ted Davis, "Inter Partes Litigation and Ex Parte Appeals Before the Trademark Trial and Appeal Board: A Primer"

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Trademark scholar and expert Ted Davis provides a useful and highly readable primer on practice before the TTAB in his article, "Inter ...
1 comment: