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No ZEN evidence of record

Posted by James Juo | Oct 09, 2026 | 0 Comments

TTAB sustained an objection that there was no admissible evidence of third-party ZEN-formative marks because Applicant identified them only by serial numbers and abbreviated goods, and copies of the TSDR records were not properly introduced into the record

No Sturdy in DIRDY

Posted by James Juo | Oct 05, 2026 | 0 Comments

Applicant argued that its DIRDYBIRD mark “connotes the feeling of a bird that is sturdy … .” The TTAB was not persuaded, noting that the mark was not STIRDYBIRD or STURDYBIRD. 

Offensive Claim Preclusion at the TTAB

Posted by James Juo | Sep 18, 2026 | 0 Comments

claim preclusion (i.e., res judicata) applied in Mars, Incorporated v. PAGS Inc., Opposition No. 91263504 (TTAB Sept. 16, 2026), based on an earlier opposition between the same parties, and PAGS later filed a second application for a sightly different mark in connection with narrowed services, but those changes were insufficient to avoid the judgment from the prior successful opposition by Mars against that first mark. 

Quantity has a Quality all its own for Sixth DuPont Factor

Posted by James Juo | Sep 09, 2026 | 0 Comments

Juice Generation and Jack Wolfskin bring to mind the adage that “quantity has a quality all its own.” These cases and their progeny stand for the proposition that where there is “voluminous” or “extensive” evidence of use of third-party marks, the specifics of the uses need not be proven to make the evidence probative of commercial weakness.

High Visibility Green Functional for Surveyor Tripods

Posted by James Juo | Aug 27, 2026 | 0 Comments

Here, the evidence establishes that, for safety and ease of use, high visibility can be a desirable, sometimes necessary, characteristic for gear used in construction environments, especially surveyor tripods that might appear among various other items and need to be seen from great distances. The evidence also shows the color claimed in the proposed mark is one of a few colors that provide high visibility in these environments.

CONCERT BLACK Both Unitary and Merely Descriptive

Posted by James Juo | Aug 26, 2026 | 0 Comments

Normally one would first consider the meaning of each component term of a proposed mark and then determine whether the proposed mark as a whole is merely descriptive, but the TTAB found it unnecessary to do so for the applied-for mark CONCERT BLACK for various clothing items because the record demonstrated that "the wording CONCERT BLACK is a unitary phrase that has a distinct meaning to the relevant purchasing public." In re Concert Black LLC, Ser. No. 97921491(TTAB Aug. 18, 2026).

Y- No Double Entendre

Posted by James Juo | Aug 24, 2026 | 0 Comments

The trouble with Applicant’s argument is it failed to make of record any evidence showing that consumers of agricultural closing wheels would associate the letter “Y” in the mark with the leaves and branches of a plant.

Naked Consent for GODZILLA

Posted by James Juo | Aug 20, 2026 | 0 Comments

half-page agreement constituted naked consent that had little impact on the likelihood of confusion analysis involving applications filed by Legend IP Holdings Production, LLC to register the mark GODZILLA X KONG: THE NEW EMPIRE for various goods and services finding confusion likely with certain GODZILLA or GODZILLA-formative marks, registered by Toho Co., Ltd., for various goods and services

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