TTAB Finds NEUROPSYCHIATRIC SERVICES, S.C. to be Generic for . . . . Guess What?

Finding the record evidence of genericness "overwhelming," an obviously annoyed Board panel upheld a refusal to register the term NEUROPSYCHIATRIC SERVICES, S.C. on the Supplemental Register, for "Psychiatric services; outpatient and inpatient care services; behavioral health services in the nature of psychiatric and outpatient psychiatric care services; neuropsychiatric testing." In re Neuropsychiatric Services, S.C., Serial No. 98169669 (August 19, 2026) [not precedential] (Opinion by Judge Mark A. Thurmon).

The Board, as usual, found the genus at issue to be defined by applicant's recitation of services. The relevant consumers are persons "seeking healthcare services of the type identified in the application."

Applicant used the term NEUROPSYCHIATRIC SERVICES generically in its specimen of use, stating: "Neuropsychiatric Services, S.C. is a leader in providing integrated neuropsychiatric services to adult and geriatric patients." Other evidence defined the term as "a branch of medicine concerned with both neurology and psychiatry." Materials from the American Neuropsychiatry Association showed that neuropsychiatry is an established field of medicine that has a recognized association of practitioners.

This evidence is highly probative of the fact that at least the key “NEUROPSYCHIATRIC” part of the applied-for mark is a generic word for a type of medical practice. When we combine this fact with the specimen, which confirms that applicant provides neuropsychiatric services, there can be little, if any, doubt that the applied-for mark is generic.

In addition, Examining Attorney Evan Federico submitted evidence of third-party use of the words “neuropsychiatry” and “neuropsychiatric” for services provided by Stanford, Brigham and Women’s Hospital, UCLA, and at least five third-party practice groups that use “neuropsychiatry” or “neuropsychiatric” in their business name. Technical articles, online newspapers, and other publications use “neuropsychiatry” and “neuropsychiatric” to refer to the type of medical services identified in the application.

The Board found it "difficult to imagine a clearer case of genericness." "There is nothing remotely distinctive in the use of NEUROPSYCHIATRIC SERVICES as part of [the] proposed mark" for Applicant’s recited services.

Applicant maintained that the term as a whole is not generic because of the word “services” and the “S.C.” at the end. The Board deemed these arguments "specious." "The word 'service' and its plural 'services' are found throughout the Trademark Act. Applicant seeks registration of a service mark. To argue that the word service is not generic for a service is pushing the limits of zealous advocacy."

The applied-for mark NEUROPSYCHIATRIC SERVICES, S.C. is generic for the services identified in the application, which constitute the genus for our analysis. The record is overwhelming. There is no evidence supporting Applicant. Indeed, the only evidence Applicant submitted was a definition of the word “service.” That evidence merely confirms that service is a generic word for a service.

The Board batted away the argument that the letters S.C. "somehow saved the term entire enterprise from the pit of genericness."

Not so. A business identifier like Inc. or Co. (S.C. identifies a Service Corporation, as the Trademark Examining Attorney established) is not a distinctive source identifier. This suffix adds nothing to the rest of the mark. See, e.g., Booking. com, 591 U.S. at 558 (noting the principle that “a generic corporate designation added to a generic term does not confer trademark eligibility”) (citing Goodyear’s India Rubber Glove Mfg. Co. v. Goodyear Rubber Co., 128 U.S. 598 (1888)). And nothing plus nothing is still nothing.

And so, the Board affirmed the refusal under Sections 23(c) and 45 of the Trademark Act.

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TTABlogger comment: Is this a double WYHA? Would have appealed? Would you have applied to register?

Text Copyright John L. Welch 2026.