TTAB Upholds Refusal of Godzilla X Kong Marks Despite Consent

The Trademark Trial and Appeal Board on August 13, 2026, affirmed the U.S. Patent and Trademark Office's refusal to register 12 applications for GODZILLA X KONG: THE NEW EMPIRE marks filed by Legend IP Holdings Production, LLC.

The Board found a likelihood of confusion with Toho Co. Ltd.'s existing GODZILLA trademarks, despite a License and Consent Agreement between the parties. The TTAB determined the agreement had limited probative value under the DuPont factors because it lacked provisions for separate trade channels, field-of-use restrictions, or measures to prevent future confusion.

Legend argued the agreement and a trust arrangement for the marks reduced confusion risk, but the Board concluded the applicant remained the source of the goods. The applications were filed on an intent-to-use basis with no evidence of actual concurrent use without confusion.

The nonprecedential decision underscores that consent agreements form only one part of the likelihood-of-confusion analysis and must include specific safeguards to carry significant weight with the USPTO.

Sources: https://www.troutman.com/insights/godzilla-x-ttab-when-a-consent-agreement-isnt-enough-for-trademark-registration/ https://www.robbiesblog.com/wipo-udrp-cases-2026-11-02/