TTABlog Quarterly Index: July - September 2026

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Section 2(a) - False Suggestion of a Connection:

Section 2(b) - Flag/Coat of Arms/Insignia:

Section 2(c) - Consent to Register:

Section 2(d) - Likelihood of Confusion:

• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Are Plastic Bags Related to Paper Labels Under Section 2(d)? [Yes]
• TTABlog Test: Are these UPSTREAM-Formative Marks Confusable for Insurance Agencies? [Yes]
• TTABlog Test: Is SNOWY THE MOUSE for Plush Toys Confusable with SNOWY for Stuffed Toys? [Yes]
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Is KARDASHIAN-JENNER for Online News Services Confusable with KARDASHIAN JENNER PRODUCTIONS for Entertainment Services? [Yes]
• Precedential No. 6: "O EL CIELO VALLE DE GUADALUPE" Confusable with CIELO for Wine, TTAB Concludes
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Is GOSHI for Body Lotions Confusable with GOCHI for Supplements? [Yes]
• TTAB Deems MONTANA EQUINE Confusable with MONTANA ROSE EQUINE THERAPY for Horse-related Services

• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• Naked Consent Agreement Fails to Prevent Section 2(d) Refusals of GODZILLA X KONG: THE NEW EMPIRE over GODZILLA
• TTABlog Test: Is HVNLYDAZE Confusable with HVNLYFIT for Overlapping Clothing Items? [Yes]
• Renown of Serena Williams Doesn't Avoid Refusal of SERENA VENTURES over SERENA for Investment Services
• TTABlog Test: How Did These Three Section 2(d) Appeals Turn Out?
• TTABlog Test: Is THE SKIN MIXOLOGY for Skin Care Preparations Confusable with MIXOLOGY for Custom-Blended Body Products? [Yes]
• TTAB Sustains Nike's Section 2(d) Opposition to GOT EM KICKS for Consignment Stores for Retro Sneakers and Clothing
• KUL STOOL for Portable Coolers Confusable with KÜHL for Water Bottles, Says TTAB
• TTABlog Test: Is BRECKIN ANKLES Confusable with BREKENS B & Design for Overlapping Clothing Items? [No]
• TTAB Finds SAAS Services Related to Consulting Services, Rejecting Thor Tech Third-Party Paired Registration Argument
• Law Firm Fails to Win Big in its Opposition to "844-I-WIN-BIG" for Legal Services, TTAB Tosses Out Non-Use and Section 2(d) Claims
• On Remand, TTAB Dismisses ASPIRE BANK Opposition After Re-Assessing First and Sixth DuPont Factors

• TTABlog Test: Are LA & Design and LAV (Stylized) Confusable for Drinking Glasses? [No]
• FLASHIN' ASSASSIN Confusable with ASSASSIN for Fishing Lures, Says TTAB
• TTABlog Test: Is BLANCO (Stylized) Confusable with BLANCO LABEL for Clothing? [Yes]
• TTABlog Test: How did These Three Recent Section 2(d) Appeals turn out?
• Rejecting Extrinsic Evidence, TTAB Finds FUNTASYA Confusable with FUNTASIA ADULT SHOP for Clothing and Retail Store Services
• TTABlog Test: How did These Three Recent Section 2(d) Appeals turn out?
• TTABlog Test: Which of These Three Section 2(d) Refusals Was/Were Reversed?

Section 2(e)(1) - Mere Descriptiveness:

• TTABlog Test: Is "GOLF DARTS" Merely Descriptive of Action Skill Games? [Yes]
• TTABlog Test: Three Recent Section 2(e)(1) Mere Descriptiveness Appeals - How Did They Turn Out?
• TTABlog Test: Is CODEBOX Merely Descriptive of Electronic Lock Boxes? [Yes]
• TTAB Finds "FIND - FETCH - TRANSFER" Merely Descriptive of Delivery Robots
• TTABlog Test: Three More Section 2(e)(1) Mere Descriptiveness Appeals - How Did They Turn Out?
• TTABlog Test: Three Recent Section 2(e)(1) Mere Descriptiveness Appeals - How Did They Turn Out?
• TTABlog Test: Is "ROUNDS" Merely Descriptive of Cigars? [Yes]
• TTAB Sustains Mere Descriptiveness Opposition to REALITY ENGINE for Computer Software Design But Dismisses Lack of Bona Fide Intent Claim
• TTABlog Test: Is MUSEUM OF NAMES Merely Descriptive of Entertainment and Educational Services in the Field of Names? [No]
• TABlog Test: Is NATURAL BRIDGE CAVERNS Merely Descriptive of Theme Park-Related Services? [Yes]
• Rejecting Incongruity Claim, TTAB Finds EGGBAR to be Merely Descriptive of Restaurant Services

Section 2(e)(2) - Primarily Merely Geographically Descriptive:

• SERVICE WEST is Primarily Geographically Descriptive of Furniture Repair, Maintenance, and Transportation Services, Says TTAB

Section 2(e)(4) - Primarily Merely a Surname:

• TTABlog Test: Is "HANSEN HONEY FARM" for Honey Primarily Merely a Surname? [Yes]

Section 2(e)(5) - Functionality:

• TTAB Affirms Functionality Refusal of the Color Green for Surveyor Tripods
• TTAB Upholds Section 2(e)(5) Functionality Refusal of Office Chair Wheel Configuration

Section 2(f): Acquired Distinctiveness:

• Precedential No. 5: Blue-and-White Stripes Trade Dress Lacks Inherent and Acquired Distinctiveness, Says TTAB

Abandonment/Nonuse/Specimen of Use:

• Sale of Four Saxophones over Five-Year Period Suffices to Avoid Abandonment, Say TTAB
• Claim Preclusion and Nonuse Block "ERA 8 BY LAMAR JACKSON" Trademark Application
• TTAB Reverses Specimen Refusal, Finding Webpage Sufficient for Pet Food Products

Dilution by Tarnishment:

• Professor McCarthy: The Trademark Trial and Appeal Board’s (Mis)Treatment of the Anti-Dilution Act
• Ninth Circuit Vacates BAD SPANIELS Injunction Based on Dilution by Tarnishment, Orders Judgment for VIP

Genericness:

• TTAB Finds NEUROPSYCHIATRIC SERVICES, S.C. to be Generic for . . . . Guess What?
• TTAB Deems PULSE DECOMPOSITION ANALYSIS Generic for . . . . Guess What?
• TTAB Finds BALLETCOLLECTIVE to be Generic for . . . . . Guess What?

Lack of Bona Fide Intent:

• TTAB Sustains Mere Descriptiveness Opposition to REALITY ENGINE for Computer Software Design But Dismisses Lack of Bona Fide Intent Claim

Nonownership:

• Precedential No. 7: Law Firm owns BIRTH JUSTICE logo, not the Associate who Conceived the Brand

Reexamination:

• TTAB Affirms Reexamination Decision Cancelling DISCUSS.IO Registration: Mere Offering of Services is not Use of the Mark

Discovery/Evidence/Procedure:

• Precedential No. 8: Tribal Sovereign Immunity Inapplicable in Board Proceedings, Says TTAB
• Changes in Mark and Services Fail to Avoid Claim Preclusion in PET-AGREE GROOMING SUPPLIES Opposition
• Failure to Prove Standing Leads to Denial of ZOCY Cancellation Petition
• Claim Preclusion and Nonuse Block "ERA 8 BY LAMAR JACKSON" Trademark Application

CAFC Decisions:

Supreme Court Decisions:

Recommended Reading:

• Recommended Reading: The Trademark Reporter, July-August 2026 Issue
• Prof. Thomas A. Reichert: The Board Changes Its Mind Without Changing the Record: Factor Six After Apex Bank
• Professor McCarthy: The Trademark Trial and Appeal Board’s (Mis)Treatment of the Anti-Dilution Act
• Recommended Reading: The Trademark Reporter, May-June 2026 Issue

Other:

• TTAB Posts October 2026 Hearing Schedule
• TTAB Posts September 2026 Hearing Schedule
• TTAB Posts July 2026 Hearing Schedule

Text Copyright John L. Welch 2026.