TTAB Rulings: June 2026
Every Trademark Trial and Appeal Board decision we tracked in June 2026, week by week.
June 2026
Week of June 22, 2026
- Precedential
Patterns others in the field already use are ornament, judged class by class
A pattern's distinctiveness is judged separately for each class of goods and services. For a basic ornament such as stripes, use by a few others in the field shows it is not inherently distinctive, and widespread third-party use is a nearly insurmountable hurdle to proving acquired distinctiveness.
Refusal affirmed in part (all classes, ornamental and not shown to have acquired distinctiveness); Class 35 specimen refusal reversedRead the analysis - Precedential
A famous athlete’s nickname can support both Section 2(a) and 2(c) refusals
A nickname can support both a Section 2(a) false-suggestion refusal and a Section 2(c) consent refusal when the record shows it previously identified a particular living individual, points uniquely and unmistakably to that person, and the person’s fame and relationship to the goods would make consumers presume a connection. In an ex parte appeal, the Board may consider evidence developed during examination for the Section 2(a) inquiry, and Section 2(c) has no filing-date timing component.
Refusal affirmedRead the analysis - Precedential
A lapsed registration's years beside a cited mark do not help the refiling
Only a registration that is in force, more than five years old and safe from a priority challenge can carry an applicant past a §2(d) citation under Strategic Partners. A cancelled registration cannot, and coexistence on the register without US use shows nothing about the marketplace.
Partial refusal affirmed (Classes 9 and 38); application proceeds in Classes 16, 41 and 42Read the analysis
Week of June 1, 2026
- Brief
Super Kings International, Inc. v. Shenzhen BMX Network Technology Ltd.
Ignoring requests for admission can concede nonuse before the filing date and void a use-based registration; two SUPERKING registrations cancelled.
Petitions to cancel granted (both registrations)Read the brief
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