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

A now-retired TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time by looking at just the marks and the goods/services. Here are three appeals decided recently. Let's see how you do. [Answers in first comment].

In re Charlie Blue Therapy, LLC, Serial No. 99180551 (September 26, 2026) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusal of the mark CHARLIE BLUE for “Mental health therapy services; Clinical mental health counseling services; Counseling in the field of mental health and wellness; Psychological counseling services in the field of sports,” in view of the registered mark CHARLIE for, inter alia, “Mental health services; Providing mental health and wellness information; Psychotherapy; Psychiatric services; Outpatient and inpatient care services in the fields of mental health, psychology, psychiatry, addiction treatment, and social work; Telemedicine services in the fields of mental health, psychology, psychiatry, addiction treatment, and social work; … Cognitive therapy services; Cognitive-behavioral therapy (CBT); Dialectical behavior therapy (DBT); . . . Managed mental health care and treatment services.”] [Registrant's specimen of use shown below]

In re Happy Valley Hannah, Ltd., Serial No. 98423787 (September 24, 2026) [not precedential] (Opinion by Judge Thomas L. Casagrande). [Section 2(d) refusal of the mark THE HAPPIEST VALLEY for “Hats; Ponchos; T-shirts; Clothing jackets; Hooded sweatshirts; Long-sleeved shirts,” in view of the mark HAPPY VALLEY, registered on the Supplemental Register for "Headwear; Shirts; Sweatshirts."]

In re FUL Foods B.V., Serial No. 98061361 (September 23, 2026) [not precedential] (Opinion by Judge Mark Lebow). [Section 2(d) refusal of the mark shown below, for "beverages containing microalgae extracts for use as a dietary supplement" in International Class 5, and “mineral and aerated waters; carbonated drinks, non-alcoholic; non-alcoholic drinks containing fruit juices; fruit drinks and fruit juices; all the aforementioned products enriched with microalgae extract” in International Class 32 [WATER disclaimed] ,view of the registered marks BLUE WATER for a “nutritional supplement drink containing aloe” [WATER disclaimed] and BLU for “waters, namely, bottled waters; waters, namely, bottled natural spring waters; bottled waters; natural spring waters; bottled natural spring waters.”]

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

Text Copyright John L. Welch 2026.