The TTABlog®

The Board upheld a Section 2(e)(1) refusal to register the proposed mark PERMANENT JEWELRY WELDER, finding it to be merely descriptive of electric welding machines and welding education services.

The USPTO refused to register the mark HIGHROAD PAVEMENT SERVICES, in the word-and-design form shown below, for "road paving" and other construction services, such as "concrete paving, site clearing, excavation, … grading, and asphalt paving" [PACEMENT SE…

On April 14, 2026, the Supreme Court denied Professor Rebecca Curtin's petition for a writ of certiorari seeking review of the CAFC's decision that, as a mere consumer, she lacked entitlement to bring an opposition to registration of the mark RAPUNZEL for…

The Board granted a petition for cancellation of a registration for the mark THE REMNANT for "religious and spiritual services, namely, providing gatherings to develop and enhance the spiritual lives of men," concluding that confusion is likely with petit…

In a 78-page decision, the Board dismissed an opposition to registration of the mark AURI for "nutritional supplements in the form of gummies," concluding that confusion is unlikely with the two composite marks shown immediately below, for research, consu…

The USPTO refused to register the mark TRU SUPPORT COMFORT YOU CAN FEEL for footwear and clothing, including footwear, jackets, pants, t-shirts, sweatshirts, dresses, and hosiery, concluding that confusion is likely with the registered mark TRUSUPPORT for…

The Board upheld a Section 2(d) refusal of the mark ZEN WAFFLES for "Waffles; Filled waffles; Frozen waffles; Waffle mixes; Protien [sic]-enriched waffles" [WAFFLES disclaimed], concluding that confusion is likely with the registered mark ZEN BAKERY in st…

The Board granted a petition for cancellation of two registrations for the mark STORYTELLER OVERLAND, in standard character and logo forms, for various items of clothing, finding that Respondent Storyteller failed to overcome Petitioner Overland's prima f…

We haven't had a failure-to-function refusal in a while, but here's a double-header.

The USPTO refused to register the proposed mark CARSPAN for "Automobile diagnostic services provided on-line, via a computer network and by telephone," finding it to be merely descriptive under Section 2(e)(1).

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.

The Board affirmed a refusal to register the mark JASPE for various clothing items, finding the mark to be deceptively misdescriptive under Section 2(e)(1).

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The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled five oral hearings for the month of October 2026.

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.

The USPTO refused to register the proposed mark GOLF DARTS for "action skill games," deeming the mark to be merely descriptive under Section 2(e)(1).

So far this year, the Board has affirmed all but one of the 29 mere descriptiveness refusals reviewed on appeal.

The USPTO refused to register the mark HANSEN HONEY FARM for honey and related products, fiding the mark to be primarily merely a surname under Section 2(e)(4).

In a case of first impression, the TTAB ruled that the defense of tribal sovereign immunity is not available in Board proceedings.

The USPTO refused to register the mark MAXXOUT for "General purpose plastic bags; Merchandise bags," deeming confusion likely with the registered mark MAXOUT!

The USPTO refused to register the word-plus-design mark shown immediately below, for "Lockboxes, namely, digital lockboxes; Digital deadbolts and digital door locks," absent a disclaimer of CODEBOX.

The Board sustained this opposition to registration of the mark PET-AGREE GROOMING SUPPLIES for certain wholesale supply store services for pet grooming supplies, finding that claim preclusion (a/k/a res judicata) applied, based on an earlier opposition b…

The USPTO refused to register the marks UPSTREAM LIFE in standard characters and in the logo form shown first below [LIFE and EST 1912 disclaimed], concluding that confusion is likely with the registered mark shown second below [INVESTMENT PARTNERS discla…

Hey kids, here's one for you!

Here are three Section 2(d) appeal decided on the same day.

In a dubiously precedential ruling, the Board sustained a law firm's opposition to registration of the composite mark shown below, for "legal services, namely, providing legal consultation and research services, and litigation assistance and strategy serv…

Shanghai Y&A Garment petitioned for cancellation of a registration for the mark ZOCY for "jump ropes" on the ground of nonuse, but it failed to prove its entitlement to a statutory cause of action (i.e., its "standing").

The USPTO refused to register the mark KARDASHIAN-JENNER for "Providing information, news, and commentary in the field of current events via the Internet; Providing current event news via a global computer network," concluding that confusion is likely with

The Board sustained an opposition to registration of the mark O EL CIELO VALLE DE GUADALUPE for “wine” [VALLE DE GUADALUPE disclaimed], concluding that confusion is likely with the registered mark CIELO for "wines."

In this six-year old proceeding, the Board denied a petition for cancellation of a registration for the mark ADOLPHE SAX & CIE for "musical instruments" on the ground of abandonment.

The Board upheld a Section 2(e)(1) refusal to register the proposed mark FIND - FETCH - TRANSFER, finding it to be merely descriptive of "self-driving robots for delivery."

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.

Baltimore Ravens quarterback Lamar Jackson (who wears number "8") was tackled for a loss in his attempt to register the mark ERA 8 BY LAMAR JACKSON for "athletic bags; backpacks; duffel bags; sport bags; carry-on bags; travelling bags," in International C…

The USPTO refused to register the mark GOSHI for "Body lotions; Body wash, Facial moisturizers; Facial washes; Skin toners," concluding that confusion is likely with the registered mark GOCHI for, inter alia, "Nutritional supplements, dietary supplements,…

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled one oral hearing for the month of September 2026.

The Board affirmed a Section 2(d) refusal of the mark MONTANA EQUINE for, inter alia, "Veterinary sports medicine and physical rehabilitation services for horses through use of modalities and exercise," [EQUINE disclaimed], concluding that confusion is li…

The Board affirmed a refusal to register the color "green," on the Supplemental Register, as a trademark for "Construction and Surveyor Tripod," finding the proposed mark to be functional and therefore unregistrable under Section 23(c).

Here's some late summer reading material: the July-August 2026 (Vol. 116 No. 4) issue of The Trademark Reporter.

TTAB affirmances of Section 2(d) refusals are running at about 86% so far this year, below the usual 90%.

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 servic…

So far this year the Board affirmed a whopping 96% of the Section 2(e)(1) mere descriptiveness refusals reviewed on appeal.

The Board affirmed Section 2(d) refusals in twelve applications (consolidated for appeal) to register the mark GODZILLA X KONG: THE NEW EMPIRE for various goods and services (including film production, action figures, etc.), finding confusion likely with…

The USPTO refused to register the mark HVNLYDAZE for various clothing items, including t-shirts, concluding that confusion is likely with the registered mark HVNLYFIT for overlapping clothing items, including t-shirts.

Last year the Board affirmed about 88% of the Section 2(e)(1) mere descriptiveness refusals reviewed on appeal.

The Board swatted away various feeble arguments by Applicant Serena Williams in affirming a refusal to register SERENA VENTURES [VENTURES disclaimed] in view of the registered mark SERENA, for overlapping investment services.

Here is a guest blog post by Thomas A.

The USPTO refused to register the proposed mark ROUNDS, finding it to be merely descriptive of "cigars" under Section 2(e)(1).

The Board affirmed a refusal to register, on the Supplemental Register, the proposed mark PULSE DECOMPOSITION ANALYSIS, finding it to be generic for patient monitors and patient sensors for monitoring and measuring physiological parameters.

TTAB affirmances of Section 2(d) refusals are running at about 84% so far this year, appreciably below the usual 90%.

Professor J.