IP Law Daily, TRADEMARK—TTAB: Cancellation of ZIGONG mark granted, given its geographic significance, (Nov 19, 2025)

By Patricia K. Ruiz, J.D.

Evidence on the record showed Zigong is a well-known location in China for lanterns and lantern festivals.

The mark ZIGONG LANTERN GROUP is primarily geographically descriptive of the identified services under Section 2(e)(2) of the Trademark Act, held the Trademark Trial and Appeal Board (TTAB), granting the petitioner cancellation of the respondent’s registration of an identical mark. The TTAB held that the primary significance of the mark ZIGONG LANTERN GROUP is the name of a city in the Sichuan province of China that is generally known, consumers would understand that the respondent’s services, which include the design and fabrication of materials for its lantern festivals, originate in the place identified in the mark. Additionally, the relevant purchasers would associate the identified services with the place named, the TTAB held (Zigong Lantern Culture Industry Group Co., Ltd. v. China Lantern International, LLC, No. 92078432 (T.T.A.B. Nov. 17, 2025)).

Parties. Respondent China Lantern International LLC, d/b/a Zigong Lantern Group, a company based in Florida, owns a registration on the Principal Register for the standard-character mark ZIGONG LANTERN GROUP (with LANTERN GROUP disclaimed) for the following services: (1) organization of exhibitions and events for commercial or advertising purposes; special event planning for commercial, promotional or advertising purposes in International Class 35; and (2) Consultation in the field of special event planning for social entertainment purposes, entertainment services in the nature of production of light shows, lantern shows, arranging and/or hosting social entertainment events, conducting parties, organizing cultural and arts events, organizing light shows and/or lantern festivals for cultural or educational purposes, and special event planning for social entertainment purposes, in International Class 41.

Petitioner Zigong Lantern Culture Industry Group Co., Ltd., a Chinese company, alleges that: (1) it is the leading global manufacturers and provider of LED lanterns and holiday lights for events and festivals; (2) it has spent substantial time and effort developing the ZIGONG LANTERN GROUP trademark; (3) it is the owner of Application Serial No. 97112957 for the standard-character mark ZIGONG LANTERN GROUP for similar services in International Class 35 and International Class 41; and (4) the petitioner’s application is likely to be refused registration under Section 2(d) of the Trademark Act in view of the respondent’s involved registration.

Cancellation sought. The petitioner seeks cancellation of the respondent’s registration on the following grounds: (1) priority and likelihood of confusion under Section 2(d) of the Trademark Act; (2) false suggestion of connection under Section 2(a) of the Trademark Act; (3) non-ownership; (4) misrepresentation of source under Section 14(3) of the Trademark Act; (5) the respondent’s mark is primarily geographically descriptive under Section 2(e)(2) of the Trademark Act; and (6) the respondent’s mark is primarily geographically deceptively misdescriptive under Section 2(e)(3) of the Trademark Act. The respondent denied the allegations and asserted the following affirmative defenses: (1) partial abandonment by nonuse; (2) partial abandonment by naked listing; (3) laches; (4) waiver; (5) estoppel; (6) acquiescence; and (7) unclean hands.

Primarily geographically descriptive. The TTAB granted cancellation on the ground that the respondent’s mark is primarily geographically descriptive. A mark is primarily geographically descriptive if: (1) the primary significance of the mark is the name of a place that is generally known; (2) the goods or services originate in the place identified in the mark; and (3) the relevant purchasers would associated the identified services with the place named.

Under the first element, the TTAB considered whether the primary significance of the respondent’s mark is the name of a place that is generally known. Where a place is known for the products or services at issue, the name as geographic significance. Evidence on the record demonstrates that Zigong is a city in the Sichuan province of China, well-known for lanterns and lantern festivals. Thus, the TTAB found Zigong is a geographic location that is neither obscure nor remote and that the term’s geographical significance is the term’s primary significance. The addition of the disclaimed terms, which are highly descriptive if not generic for the respondent and its services, does not obviate the overall geographic significance of the respondent’s mark, the TTAB held.

Turning to the second element, the TTAB considered whether the respondent’s services originate in the place identified in the mark. It found that the petitioner’s mark is primary geographically descriptive because its services originate in Zigong, where the petitioner is based. The respondent’s identical mark is not primarily geographically descriptive because the respondent’s services originate in Florida; however, the TTAB held that, because the materials for the lantern festivals used by the respondent originate from Zigong, the respondent’s services can be said to originate from Zigong.

Under the third element, the TTAB considered whether the relevant purchasers would associate the identified services with the place named. A services-place association may be presumed where: (1) the location in the mark is generally known to the purchasing public; (2) the term’s geographical significance is its primary significance; and (3) the services originate from the named location in the mark. Because the primary significance of “Zigong” is a geographic location generally known to purchasers of the respondent’s services and the services that originate from that location, a services-place association is presumed. Even without that presumption, the third element is satisfied, as the relevant consumers, ordinary consumers of and venue operators seeking lantern festivals, would likely believe that the services originate in the geographic place identified in the mark.

Affirmative defenses. The TTAB determined that none of the affirmative defenses pleaded by the respondent impact its analysis under Trademark Act Section 2(e)(2).

The Case is No. 92078432.

Judge: Stanley, L.

Attorneys: Jigang Jin (Jin Law Firm) for Zigong Lantern Culture Industry Group Co., Ltd. James A. Stepan (Law Office of James A. Stepan, P.A.) for China Lantern International, LLC d/b/a Zigong Lantern Group.

Companies: Zigong Lantern Culture Industry Group Co., Ltd.; China Lantern International, LLC d/b/a Zigong Lantern Group

Cases: Trademark USPTO GCNNews