TTAB Affirms Refusal of TOUCH MOBILE Mark

On June 23, 2026, the TTAB issued a precedential decision affirming the USPTO’s refusal to register TOUCH MOBILE for cellular phones and related goods. The Board held that TextNow Inc. could not rely on a prior registration that had lapsed for failure to file a timely Section 8 declaration.

The decision clarifies that a lapsed registration provides no basis for overcoming a refusal in a subsequent application. TextNow’s arguments regarding acquired distinctiveness were rejected on the record presented.

The ruling underscores the consequences of missing maintenance deadlines in trademark prosecution.

Sources: https://eriseip.com/insights/whats-trending-in-trademarks-july-2026/ https://ttabvue.uspto.gov/ttabvue/ttabvue-98231457-EXA-13.pdf