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

Section 2(d) affirmances continue to run at a 90% clip this year (as usual). Here are three recent appeals. No hints this time. How do you think they came out? [Answer in first comment].

In re TST Biomedical Electronics Co., ltd., Serial No. 98033208 (December 3, 2025) [not precedential] (Opinion by Judge Elizabeth A. Dunn). [Section 2(d) refusal of the mark IPRO-LAB for, inter alia, diagnostic preparations for medical purposes and reagent paper for medical purposes, in view of the mark PRO-LAB, registered on the Supplemental Register for overlapping goods.]

In re Night Owl Concrete, LLC, Serial No. 98341508 (December 4, 2025) (Opinion by Judge Martha B. Allard) [Section 2(d) refusal to register the mark shown below left, for software and services for scheduling and delivery of concrete by mixer trucks [CONCRETE disclaimed] in view of the registered mark shown below right, for "delivery services for construction tools and construction supplies" [CONSTRUCTION SUPPLY, INC. and FREE NIGHT DELIVERIES disclaimed.]

In re Callie Renae McMorran, Serial No. 98502058 (December 5, 2025) [not precedential] (Opinion by Judge Lawrence T. Stanley, Jr.). [Section 2(d) refusal of the mark HUSTLE SOLD SEPARATELY for "hats; hoodies; shirts" in view of the registered mark THE DREAM IS FREE...THE HUSTLE IS SOLD SEPARATELY for "clothing, namely, hats, shirts, sweatpants, hoodies and jackets."]

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Text Copyright John L. Welch 2025.