TTABlog Test: Is MIZUNARA WOODS Merely Descriptive of Engineered Hardwood Flooring?

The USPTO refused to register the proposed mark MIZUNARA WOODS for “Engineered hardwood flooring featuring wooden veneer of mizunara oak sold integrally therewith" [MIZUNARA disclaimed], finding the mark to be merely descriptive of the goods. Applicant AHF argued that “the term WOODS may be used in plural to indicate a variety of ‘woods’, i.e., different types of wood, but not to indicate a plural set of pieces of the same type of wood." How do you think this appeal came out? In re AHF, LLC, Serial No. 98366353 (October 30, 2026) [not precedential] (Opinion by Judge Robert Lavache).

Examining Attorney Gillian Brown provided evidence that the term MIZUNARA refers to a variety of oak tree from Japan and the wood therefrom. AHF's identified its goods as "featuring wood veneer of mizunara oak." "Thus, there is no dispute that MIZUNARA is merely descriptive as applied to the identified goods."

As to the word WOODS, the Examining Attorney relied on dictionary definitions and encyclopedia entries that included examples of use of the plural "woods" to refer to various types of woods or a collection of woods. Third-party websites showed the term “woods” being used to refer to wood types utilized for flooring. The Board agreed with the Examining Attorney that:

in this case, both the individual components [of the proposed mark] and the composite result are descriptive of Applicant’s goods and do not create a unique, incongruous, or nondescriptive meaning in relation to the goods. Specifically, the combination of MIZUNARA and WOODS does not create a new or nondescriptive meaning. Rather, consumers will understand the composite phrase as describing a characteristic of Applicant's hardwood flooring, in that the flooring has the characteristic of being a collection of WOODS featuring MIZUNARA oak.

Applicant AHF argued that "Mizunara oak is referenced as a singular type of wood” and thus “[a] consumer will look at the [proposed mark], in its entirety, and interpret the mark to be ‘a variety or collection of different WOODS’ and then, will need to make a connection to mizunara oak in the singular and try to understand how this represents a ‘variety or collection.’” Therefore “an incongruity is present” in the proposed mark and a “consumer will certainly need a mental pause to reconcile these incongruous concepts, a hallmark of a mark being suggestive.” The Board was unimpressed, pointing to evidence that, "in the context of flooring, 'woods' is used to refer to a particular type of wood or a collection featuring a particular type of wood."

while Applicant is correct that “woods” can refer to different types of wood, as some of the evidence previously discussed shows, that is not the only potential meaning of the term when used in connection with flooring. * * * [W]e concur with the Examining Attorney’s finding that consumers viewing the proposed mark will immediately understand it as referring to a feature or characteristic of Applicant’s flooring in that the flooring contains mizunara oak woods.

The Board pooh-poohed AHF's risible argument that consumers "may recognize the term MIZUNARA as Japanese, but may consider it coined, e.g., consider it as relating to anime or video-game genres, which are highly associated with Japanese culture” and thus “MIZUNARA WOODS may be perceived as a fantasy or made up place with no connection to an actual species of oak.” The Board pointed out once again that a mark must be considered in the context of the goods, not in the abstract.

Two significant reasons for not registering merely descriptive marks are: “(1) to prevent the owner of a mark from inhibiting competition in the sale of particular goods; and (2) to maintain freedom of the public to use the language involved, thus avoiding the possibility of harassing infringement suits by the registrant against others who use the mark when advertising or describing their own products.” *** [O]ther entities in the marketplace who choose to offer these goods should be free to use MIZUNARA WOODS in advertising such goods.

And so, the Board affirmed the refusal.

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Text Copyright John L. Welch 2026.