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Markus Casebook/Evidence

The opposer claims exclusivity. The register says thirty-seven owners.

Defending an opposition, the attorney needs to show the opposer's three-letter mark APS is weak and entitled to only narrow protection. Markus turns a hunch into an evidence table.

Facing a claim of exclusive rights in a term? Send me the term and the classes. Within a day, I'll send back who else holds it on the register.

Send me the term

Replies come to me, Howard Katzenberg, GleanMark's founder. Public USPTO records only; please don't send anything confidential. Or write to hkatzenberg@gleanmark.com

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Ask MarkusTTAB defense · crowded-field evidence

Opposer claims exclusive rights in APS. Run a crowded-field search — how many third parties actually hold live APS registrations, and in what classes?

What Markus checked

  • Listed every mark with the term
  • Mapped the owners
Real session, Jul 16, 2026 · answered in 45 s · client is fictionalRead the answer

The answer

50 live marks · 37 owners

APS is about as crowded as a three-letter mark gets — an exclusivity claim is very hard to sustain on this record. Standalone APS: 50 live marks held by 37 distinct owners. That blows past the standard crowded-field threshold (roughly 6+ independent owners). A sample of the genuinely unrelated third parties:

OwnerClass(es)Goods/Services
Arizona Public Service Company35, 39, 40, 42Electric utility services
Biomet Manufacturing, LLC10Blood-collection kits
APS Limited28Airsoft / toy guns
"APS Trading" OOD7, 9, 16, 37Thermoprinters, circuit boards
Akron Polymer Systems Inc.42Polymer R&D
The American Pediatric Society35, 41Pediatric education

Distinct owners hold standalone APS registrations across 22 Nice classes — with Classes 35, 9, 42, and 41 the most contested.

Bottom line for the opposition: no single party dominates. Arizona Public Service has the largest cluster (11 marks), but that is one owner in a field of ~37 — the opposite of exclusivity. The register shows APS coexisting peacefully across essentially unrelated goods and services, which supports arguing the term is weak/diluted and entitled only to a narrow scope of protection.

Want me to run a class-scoped crowded-field count for the specific class your applicant filed in, or pull the opposer's own TTAB enforcement history to see whether they've actually policed APS before?

Markus · live run Jul 16, 2026 Listed every mark with the term · Mapped the owners 45 secondsRead the unedited session

Why this needs the live register

Generic AI will draft the shape of a crowded-field defense — with invented registrations. Markus counted the field (exactly 50 live marks, 37 owners — verified to the digit) and returned real owners with real classes, ready to become an exhibit. This isn’t an argument; it’s evidence.

Field counts and every owner row independently re-verified against the live USPTO register, July 2026. Opposition scenario fictionalized.

More from the Casebook

All 10 sessions

05Evidence

Tiffany's blue, exactly as the register records it.

Does Tiffany & Co. own U.S. registrations that claim a color, like its blue box? List them with what each color claim says.

5 registrations · all claim blueRead it

01TTAB

The Board's own words on fraud, quoted from nine precedential decisions.

I'm preparing an opposition that includes a fraud claim. What exactly does the Board require to prove fraud, and which precedential TTAB decisions set that standard? I especially want any cases on whether a false statement about use, or a bad specimen, was enough.

9 precedential decisionsRead it

02TTAB

Sixty-five cases since 2021. Not one argued to a decision on the merits.

My client's drinkware brand just received an extension of time to oppose from YETI Coolers. What has YETI opposed or tried to cancel over the last five years, what kinds of marks does it go after, and how did those cases end? Does it usually litigate to a decision or settle?

65 proceedings · no merits rulingRead it

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Send me the term Book a walkthrough

Replies come to me, Howard Katzenberg, GleanMark's founder. Public USPTO records only; please don't send anything confidential. Or write to hkatzenberg@gleanmark.com

Every Markus response shown is genuine, unscripted product output from a live run (dated on each session), condensed for space, never rewritten. The attorneys and clients in the scenarios are invented, inspired by the kinds of questions practitioners ask; no GleanMark customer's matter or wording is used. Every mark, owner, serial number, registration number, disclaimer finding and ID Manual Term ID was independently re-verified against the USPTO record, and where Markus got something wrong or couldn't confirm it, the session says so. Markus produces research and first drafts for review by a qualified practitioner. It is a research tool, not legal advice.

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