Naked Consent Agreement Fails to Prevent Section 2(d) Refusals of GODZILLA X KONG: THE NEW EMPIRE over GODZILLA

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 certain GODZILLA or GODZILLA-formative marks, registered by Toho Co., Ltd., for a variety of goods and services. In attempting to overcome the…